Failures to carry out the work intended to preserve the immovable common portions in a good state of repair and to prevent their deterioration. The lack of maintenance can bring about the common portions' premature obsolescence, and also compromise the occupants' safety.
Un syndicat a des obligations en termes d’entretien des parties communes. En vertu de l’article 1039 du Code civil du Québec, il a l’obligation de veiller à la conservation de l’immeuble et, par le fait même, à l’entretien des parties communes.
Just like any other natural or legal person, a syndicate of co-ownership may be held civilly liable towards third parties, including co-owners.
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.