Definition : Civil liability

Legal obligation for a natural person or legal person to repair the damage caused to a third party resulting from his failure to comply with:

The extracontractual liability of a person may be caused by his or her act or by the persons to whom he or she is liable or by the things of which he is entrusted with the custody.

 

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Directors have a very important role in a co-ownership. They are the mandataries of the syndicate of co-owners and as such oversee the day to day operation of the immovable. It is therefore essential to possess a thorough knowledge of the tasks of this function. In the exercise of their duties the directors must act with care, diligence, loyalty and honesty, and always keep in mind the best interests of the group of co-owners.
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Les missions du syndicat sont définies par le Code civil du Québec. Sa responsabilité peut être mise en jeu suite à l’exécution de travaux dans les parties communes. En effet, le syndicat est responsable des dommages causés aux copropriétaires ou aux tiers par le vice de conception ou de construction, ou le défaut d’entretien des parties communes.
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Just like any other natural or legal person, a syndicate of co-ownership may be held civilly liable towards third parties, including co-owners.
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Like any moral or physical person, a syndicate of co-ownership may engage its civil liability. The Law and the vast majority of declarations of co-ownership require that every syndicate subscribe insurance covering its civil liability towards third parties.
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The civil liability of a director for the tasks incumbent upon him is largely unrecognised. It should be noted that failure to act with prudence, diligence, honesty and loyalty in the performance of his duties may engage his personal liability. A director must always keep in mind the interest of the co-owners' community. Thousands of Quebecers who sit on an annual basis on a Board of Directors, such as yourself perhaps, are unaware of this reality.
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