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Overall damage caused by the action of water. An insurance contract taken out by a syndicate of co-owners must cover in accordance with the third paragraph of article 1073 of the Civil code of Quebec " water leak damage, sewer backup and overflows from appliances connected to water distribution piping within the building", unless the insurance policy or a rider sets out, expressly and in clearly legible characters, which of those risks are excluded.
14/12/2025
The Court of Québec, Small Claims Division, rendered on December 11, 2025, a particularly instructive decision in matters of divided co-ownership, dealing with the application of articles 1074.1 and 1074.2 of the Civil Code of Quebec. Writing for the Court, the Honourable Luc Huppé, J.Q.C., dismissed the claim of a…...
27/10/2025
Irregular work affecting the common portions of the building or a malfunctioning toilet are quite frequent and damaging types of loss in divided co-ownerships. These events can sometimes cause very significant material damage to both private and common portions. When damages do not directly result from a breach of the declaration of…...
26/10/2025
In divided co-ownership, the contractual liability of a co-owner arises directly from the declaration of co-ownership, which constitutes the binding contract governing relations between the syndicate and all co-owners. Under article 1062 of the Civil Code of Quebec, this document “binds the co-owners, their successors and any persons who have…...
26/10/2025
An overflowing washing machine, a bathtub leaking into the unit below, or a water heater bursting and flooding several floors — losses are frequent in co-ownership properties, and their consequences are often costly. These events, sometimes unforeseeable, not only lead to significant repairs but also to complex disputes between co-owners,…...
29/09/2025
The Court of Quebec recently rendered a judgment concerning the Syndicate of co-owners of 575, Lucien-L’Allier, which claimed $11,899.80 from a co-owner following water damage originating from his private portion. Two weeks after the installation of a dishwasher, a defective shut-off valve located under the kitchen sink caused a leak…...
04/09/2025
The direct impact on insurance: prevention is now essential With the recent introduction of the regulations of Law 16, prevention has been strengthened. Insurers no longer consider only claims history, but also the proactive measures taken by syndicates in terms of risk management. For example, a building equipped with water…...
11/04/2025
HydroSolution present a new must-see video on a topic of concern to many co-owners: water damage in co-ownerships, in partnership with Condolegal. Hosted by Yves Joli-Cœur, a leading lawyer specializing in co-ownership law at Dunton Rainville, this video addresses the many issues related to water infiltration, backups, and leaks that affect…...
01/04/2025
When it comes to installing or replacing a water heater in a co-ownership, several options are available to building managers and owners, both in terms of suppliers and products. This can make the decision more complex and require careful evaluation. To ensure the durability of the installations and avoid unexpected…...
26/02/2025
Condominium ownership is based on a balance of rights and obligations, where each owner must maintain their unit and comply with the declaration of co-ownership. In the event of an incident, liability becomes crucial: who covers the deductible, and under what conditions can the Syndicate seek compensation? This issue arose…...
23/02/2025
A co-owner has informed the board that he intends to modify the layout of his bathroom. He assured us that he will not interfere with the main plumbing system nor relocate any fixtures (toilet, shower, bathtub, sink). To remove any ambiguity, we find it essential to ask him to provide…...
13/01/2025
When it comes to preventing water damage in co-ownerships, the choice of system is essential, but it is equally crucial to ensure that it is installed and configured correctly. Improper installation, even with the best product on the market, can significantly reduce the effectiveness of the system, exposing the building…...
09/12/2024
Water damage is one of the most frequent and costly losses in co-ownership. However, many damages can be avoided thanks to preventive solutions. Their implementation is based on collaboration between the board of directors, managers and co-owners. Together, they can adopt effective strategies to reduce risks and protect buildings....
13/11/2024
A recent decision by the Court of Québec provides important clarifications for co-ownership syndicates seeking to recover insurance deductibles from co-owners in the event of a claim. In this ruling, the Court dismissed a syndicate’s request for a co-owner to reimburse a deductible of $50,014.13 following water damage that occurred…...
30/06/2024
The Syndicate's obligation to maintain the common areas, and more particularly the common portions for restricted use, is a subject that has given rise to much debate since the 1994 reform. This obligation, although clearly defined, has often been a source of conflict and misunderstanding. Directors often find themselves in…...
23/06/2024
Declarations of co-ownership generally include a clause that holds each co-owner responsible (towards the other co-owners and the syndicate) for damages caused by their fault or negligence and by the fact of a property for which they are legally responsible. In the case Syndicat de la copropriété 650 Marcel-Laurin c. Neng (2024…...
16/05/2024
Household property insurance protects your belongings and personal effects against risks such as theft, fire, and water damage. It covers all your personal items: electronic devices (televisions, laptops, game consoles), clothing and accessories (jewelry, watches, glasses), appliances (refrigerators, washing machines), furniture (beds, sofas, tables), entertainment items (books, games, sports equipment),…...
09/04/2024
Last night, upon returning from work, I was faced with a disaster. As soon as I opened the door, the sound of running water alerted me. The bathroom had turned into a pool, with the pipe under the sink having burst. After shutting off the water supply, the urgency of…...
15/03/2024
After a water damage, the ultimate goal of the syndicate and the co-owners is to find themselves in the same situation as they were before the occurrence of the loss. Due to its legal structure, the rehabilitation of common portions and private portions can be particularly complex in a divided co-ownership; this is why it should…...
14/03/2024
Water damages represent the main cause of loss in co-ownerships (condominiums); this is why it's essential to conclude an insurance contract in order to be covered against future water leaks. It's important to note that the syndicate has an insurable interest in the entire immovable including the private portions; he must negotiate insurances…...
12/03/2024
Water damages are the most frequent loss in co-ownerships (condominiums). The concept of water damage also includes the civil liability of the syndicate, the co-owner and the lessee (tenant) who could be responsible in the event of damages suffered by third party members; thus, the question of who is responsible for this constantly…...
08/03/2024
When water damage occurs in common portions or the private portions, the syndicate of co-owners must act quickly to implement appropriate emergency measures. It is essential to immediately report the loss to the syndicate's insurer. After an assessment of the damages by a claims adjuster, it is advisable to hire…...
05/03/2024
The concept of water damage refers to the damages caused to property by the action of water; it can be a pipe that bursts because of the frost, the drain pipe of the washing machine that breaks or the bathtub that overflows. Water damages are probably the most recurrent problems in immovables in…...
28/02/2024
On February 28, 2024, we gathered for a captivating evening on our Webradio entirely dedicated to a current topic of crucial importance for all condo owners: water detection systems. Is it simply beneficial or absolutely necessary? We delved into the heart of this question with distinguished guests, including Me Yves…...
17/02/2024
While policyholders often fear fire and theft, it's actually water that takes center stage in terms of the number of claims and damages to co-ownerships. While water is a source of life, it also supports the growth of spores, fungi, and mold. Unfortunately, these fungi, delightful in a sauce, are…...
13/02/2024
Following water damage in our building, we consulted a plumber to find the cause. The analysis revealed a malfunction in the toilet of our neighbor's apartment, indicating that a replacement was imperative to prevent other problems. Despite the plumber's clear diagnosis and the obvious proof of malfunction during his intervention…...
01/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur aborde un sujet essentiel pour toute copropriété : la gestion des sinistres. Il souligne que la survenance d’un sinistre, en particulier un dégât d’eau important, n’est jamais une bonne nouvelle. En effet, un tel incident peut causer des dégâts durables à l’immeuble,…...
01/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur aborde un sujet crucial pour tout administrateur et copropriétaire: la récupération de la franchise lorsqu’un sinistre est généré par ce dernier dans l’immeuble. Il rappelle que les sinistres impliquant la responsabilité civile d’un copropriétaire sont nombreux et peuvent coûter cher. Que ce soit…...
16/04/2023
The life of the co-ownership is not only of interest to its owners and occupants, but also to their insurers. This is all the more true since it is known to all that condominium disasters are numerous: water leak, water damages, vandalism, fire, etc. Let's go back to the basics…...
24/03/2021
Le mercredi 24 mars 2021, la Webradio de Condolegal.com a abordé le thème de la gestion des sinistres en copropriété. Animée par François Cellier, cette édition a énoncé les démarches nécessaires après un incendie ou un dégât des eaux. L'accent a été mis sur l'importance du rôle du fiduciaire d’assurance et…...
22/01/2021
Le mercredi 13 janvier 2021, la Webradio de Condolegal.com était entièrement dédiée à un sujet complexe en copropriété: les chauffe-eau en copropriété. Les chauffe-eau installés dans les parties privatives d'une copropriété doivent être remplacés à temps, afin d'éviter un éventuel dégât d'eau....
21/09/2019
21 septembre 2019 — Un calfeutrage (scellant) en bon état participe grandement à l’étanchéité d’un immeuble. Tout syndicat de copropriétaires a intérêt à s’assurer que ce produit offre un rendement optimal, faute de quoi les administrateurs pourraient devoir engager des travaux de réparation très coûteux....
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09/08/2022
A co-owner has repeatedly caused several water damages in our building, due to his negligence. This resulted in a surcharge for the syndicate's insurance. Question: Can the board of directors claim the full amount from the co-owner who caused the loss?...