Voluntary or involuntary act, or an omission which infringes upon the right of another on account of the damage suffered. The fault arises when an individual adopts a behavior contrary to that of a reasonably prudent and diligent person, who would be placed in a similar situation. It can engage the civil liability of the person who committed it.
A bathtub or a washing machine that overflows into the apartment below, a hot water tank that conks out and spills down six floors: losses involving the civil liability of a co-owner are many co-ownerships. And they are expensive! This is why the amount of insurance premiums and deductibles have increased significantly in recent years.
Worse still, some insurers no longer want to insure co-ownerships, because of a loss ratio that has become out of control. This situation is directly related to the insurer of the syndicate, which is almost always called upon to cover a loss, when damage has been caused to the common and private portions. Thus the question of who is responsible arises. It is also necessary to know the applicable law to the owner at fault. Other considerations affect both the insurer of the syndicate and those of the co-owners concerned, to determine who will pay what?
Parmi les attributs du droit de propriété figure l’usus, soit le droit d’utiliser son bien. Mais ce droit s’exerce dans une certaine limite que la loi impose. Le droit de jouissance d'une partie privative ne doit pas ainsi nuire aux autres. Il est ici question des troubles anormaux de voisinage: assurer la quiétude et la tranquillité des copropriétaires nécessite parfois de rappeler certains copropriétaires à leurs obligations quant à la jouissance raisonnable de leur unité d’habitation.
A co-owner may be liable to the syndicate, the other co-owners and the occupants of the immovable. As stated in Article 1457 of the Civil Code of Québec, every person has a duty not to harm others. As a co-owner, you must be careful and abide to the appropriate rules of conduct in accordance with the context and circumstances. Otherwise, you engage your civil liability and are required to remedy (financially third parties for moral or property damage and personal injury.