Definition : Syndicate of co-owners - Liability

The fact, for a syndicate of co-ownership, of having to answer for his or her actions and decisions. Article 1077 of the Civil Code provides also that the syndicate is liable for damages caused to co-owners or third parties in the occurrence (amongst  others) of problems related to faulty design or construction defects of the immovable, or due to a lack of maintenance of the common portions  of the  co-ownership. In the latter case, the syndicate is subject to a no-fault liability regime, for it must ensure the preservation of the immovable and maintenance of common areas.

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Work carried out in the common portions concerns the community of co-owners. This is reason why they are often carried out by the syndicate. Not only is this action consistent with its purpose and mission (article 1039 of the Civil Code of Québec), the purpose of which is to ensure the maintenance and preservation of the immovable, but it also arises from the onerous liability incumbent upon it if the work is poorly executed.
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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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