When a loss occurs in your co-ownership—whether it is water damage, a fire, a sewer backup, or the breakage of collective equipment—its repercussions can be considerable and sometimes complex to manage. Such an event may damage your private portion as well as the improvements made to it, and can even affect certain components of the common portions located inside your unit, or even other private or common portions of the building. The steps to take, as well as your responsibilities, will vary depending on the nature of the loss and the portions of the building affected.
Ensuring safety and limiting damages
As soon as a loss is discovered, your first priority is to ensure the safety of the occupants and the unit. If the situation requires it, evacuate the premises and contact emergency services. When possible, take certain mitigation measures: shutting off water or electricity if it is safe to do so, moving threatened belongings, protecting delicate elements, ventilating or beginning initial drying. These actions are permitted as long as they do not interfere with the insurer’s investigation or the syndicate’s operations. However, do not carry out any permanent repairs before receiving proper instructions, as doing so may jeopardize your compensation.
Immediately notifying the syndicate
Whether the event is minor or major, you must promptly inform the directors or the manager. This step is essential: only a rapid declaration allows the syndicate to notify its insurer, coordinate emergency measures, and, if necessary, intervene in other units or common portions that may also have been affected.
Your communication must specify the nature of the loss, the apparent extent of the damages, the moment you became aware of it, and the steps taken to mitigate the situation. Written confirmation—email or message—is strongly recommended to keep a record.
Declaring the loss to your personal insurer
In co-ownership, two separate insurance policies intervene: that of the syndicate, which covers the building including the private portions in their original state, and your personal insurance, which covers your movable property as well as all your improvements.
As soon as your belongings or improvements are affected, promptly contact your personal insurer. Home insurance policies generally impose short deadlines for declaring a loss. Your insurer will indicate the applicable coverages, exclusions, evaluation steps, and the process for replacing or reimbursing your belongings. Keeping your policy handy is useful for verifying the terms, especially when specific deductibles apply.
Cooperating with inspections and work
After the necessary declarations, the syndicate’s insurer and your personal insurer will appoint specialists to assess the damages. You must allow access to your unit for experts, contractors, drying teams, and other workers. This cooperation is essential to accelerate the process. You also have the right to obtain clear information about the work carried out in your unit, to ask questions, and to request explanations regarding the scope of the repairs. No permanent repairs should be undertaken before the respective insurers’ responsibilities are clarified and the work coordinated.
Repairs at the syndicate’s expense and yours
The syndicate must repair the private portions in their original state, regardless of the location where the loss originated. However, private improvements fall exclusively under your own insurer. This includes:
Higher-quality flooring;
Modified countertops or cabinets;
Improved showers and sanitary equipment;
Non-original coverings or finishes.
Movable property is always your responsibility.
Keeping complete documentation
A well-organized file facilitates processing of the loss and protects your rights. Keep:
Photos and videos of the damages;
Invoices for reasonable emergency measures;
Written exchanges with the syndicate and the insurer;
Inventory of damaged belongings;
Estimates and expert reports;
Any notice sent by the board of directors or the manager.
This documentation helps demonstrate your diligence and prevent future disputes.
Protecting your rights and knowing your recourses
If a disagreement arises regarding compensation or the extent of responsibilities—for example if your insurer denies a claim or if the repairs carried out by the syndicate are disputed—several options are available:
Requesting an internal review of your file;
Obtaining a second opinion from an independent claims adjuster;
Consulting a lawyer specializing in co-ownership law;
Transparency and communication with the relevant authorities are your best tools for ensuring a fair resolution.
WHAT YOU SHOULD KNOW! The syndicate’s insurance covers the private portion in its original state. All improvements—even those made by a previous owner—fall under your personal insurance. Regularly check that your policy adequately covers these improvements.
WHAT TO KEEP IN MIND: You must promptly notify the syndicate and your insurer. The speed of the declarations directly affects the response, the arrival of workers, and the quality of your compensation.
WARNING! Never carry out permanent repairs before a full evaluation of the damages by experts. Premature work may jeopardize your insurance coverage.
READ THE BOOK: Condo Insurance, Everything You Need to Know.
