- Loss : Water damages
Definition : Loss - Water damages
Overall damage caused by the action of water. Under the co-ownership insurance regulations published in the Gazette Officielle du Québec, the syndicate must take out an insurance contract on the building which must cover leaks and overflows from sanitary facilities and devices connected to water installation pipes inside the building.
April 15, 2020 — The Government of Quebec published in the Official Gazette of Quebec, on April 15 2020, a regulation on divided co-ownership insurance, which clarifies the terms and dates of entry into force of some of the provisions introduced by Bill 141, in June 2018. This bill provided that six of the elements contained in it would be passed by government regulation. For the time being, only four are touched by this regulation.
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?
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.
After being victims of a loss, the members of the board of directors and the affected co-owners are often caught off guard. How will things unfold? There is no need to worry or panic, because in principle, once the notice of loss completed, various stakeholders get involved: the insurer of the syndicate, but also that of co-owners and lessees, who will respectively designate their own claim adjuster. Generally the co-owners affected by a loss, as well as the syndicate, believe that making a claim is always the right thing to do. This is true in many cases, but sometimes the syndicate might want to refrain from doing so.
Almost every insurance policy includes deductibles, in varying amounts according to the insured risk (e.g. fire and water damage). In co-ownerships, deductibles are a factor in the Building insurance, and in the third party liability insurance of the syndicate, directors, general meeting officers, co-ownership manager (gérant) and of the condo manager (gestionnaire). Regarding co-owner’s insurance, generally each home insurance policy contains one or more deductibles for various amounts according with the nature of the loss.
Water damage is the leading cause of loss in co-ownership. It is more and more costly, for syndicates and their insurers. In the last ten years, occurrences of water damages have more than doubled.
Lack of maintenance, sub-standard construction and climate changes are the main culprits. In most cases water damage affects equally common and private portions, thus it is one of the most complex loss to adjust.
L’obligation du Syndicat d’entretenir les parties communes, plus particulièrement les parties communes à usage restreint, a fait couler beaucoup d’encre depuis la réforme de 1994. Souvent, les administrateurs se font tirer l’oreille lorsque des copropriétaires réclament l’exécution de certains travaux majeurs, soit un balcon sérieusement endommagé ou, comme c’était le cas dans l’affaire MARCHAND, pour une verrière qui est la source constante d’infiltration d’eau(1).
A co-owner recently caused a water damage in our building. This resulted in a additional insurance premium for the syndicate's insurance.
Question: Can the board of directors claim the total amount from the co-owner at the origin of the incident?
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Water damage has just occurred in my private portion.
Question: Should I call my insurer, my plumber or my lawyer?
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