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Assignment of claims: What are the risks after a loss ?

We need to carry out work following water damage, and the contractor appointed by our insurance company is asking us to sign a document entitled "Assignment of Claims and Authorization to Proceed with Work". However, there is a paragraph in the document that seems difficult to understand, and we would like it explained in simple terms. Here is the section in question: "This agreement is made without prejudice to any recourse by the "ASSIGNEE" against…...

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Building insurance certificate: can it be required?

Question: Can a co-owner require the board of directors to provide proof of the building’s insurance?...

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Burglary in a private portion: what should you do?

During our return from vacation, I noticed that the door to our apartment had been forced open and we had been the victims of a burglary. I contacted a member of the board of directors to inform them of our misfortune. They indicated that a series of thefts had occurred in the building. Some apartments had been ransacked. Fortunately, that was not the case for us.  Question : Under these circumstances, what should I do?...

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Civil liability insurance certificate: can it be required?

Although the law (1064.1 of the Civil Code of Quebec) and our declaration of co-ownership are explicit, there are still some co-owners who refuse to provide the board of directors with proof of insurance. Questions: What means does the syndicate have to obtain this evidence? How do we enforce this section of the Civil Code of Quebec? Is there a government agency that has the authority to demand that evidence?...

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Co-owner-lessors insurance: what are they ?

In our building, we have several co-owners who rent out their apartments. As members of the Board of Directors, we often find ourselves in meetings, discussing and questioning the specifics of their insurance obligations related to this rental activity. Questions arise: Are there any special insurance rules for condo owners who rent out their units? Do they need to take out additional insurance to cover themselves adequately? Or is it possible, on the contrary, to…...

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Failure to insure: what are the consequences for a co-owner?

I just suffered a major disaster caused by the breakage of the water supply pipe in my neighbour's shower. The water damage significantly affected my apartment and movable property. I had to be relocated for more than a month to the hotel. To make matters worse, I was not insured for this damage. However, I do not know if the defective pipe is in the common portion of the building or in the private portion…...

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Improvements of a private portion: are they properly insured ?

According to my home insurance, if the description of the private portions has not been approved at a meeting of co-owners, the improvements made to my private portion would not be covered in the event of a loss. This surprises me, as I understood that in 2018, the syndicate’s only obligation was to document the original condition of each unit. Questions: Are the improvements made to my apartment, such as replacing the carpet with hardwood flooring,…...

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Improvements to a private part: what is the contribution of the co-owner's insurer?

We have a co-owner who has to replace his bathroom vanity because of water damage that has deteriorated it. Our syndicate of co-owners is insured for this type of loss, subject to an insurance deductible of $ 2500. The co-owner is insured for improvements made to his private portion. He opened a claim file with his insurer. However, the cost of replacing your vanity unit is lower than our deductible. It should be noted that…...

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Tenant's insurance certificate: can it be required ?

As a co-owner of an apartment that I have been renting out for several years, I find myself facing recurring questions regarding my tenant's insurance. Previously, I did not systematically require proof of rental insurance. However, alarming stories of incidents in other co-ownership properties, resulting in significant damages and complex legal proceedings, have led me to reconsider my stance. Questions: Is it wise to demand that my tenant subscribes to liability insurance coverage? Can I require…...

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Water damage: what is the syndicate's responsibility for repairs?

We had water damage that damaged an apartment. The board has agreed to pay for the repairs, but we're having trouble agreeing with the co-owner on the scope of the paint job in his apartment. We offered the co-owner the restoration of the damaged wall, but the co-owner wants all the walls of his apartment (having the same color as the damaged one) to be repainted, in order to ensure uniformity in color. I understand…...

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