A co-owner accidentally broke down the garage door with his vehicle. This needs to be changed completely. His insurer offers to compensate us only partially. This one offers us to pay 90% of the bill because of the depreciation. Question: Are we required to accept this proposal?
Answer: Technically yes. The basis of a claim for compensation as a result of damage caused by a co-owner to the common or private parts is civil liability, which may be "contractual", in the event of a breach of an obligation contained in a contract (for example: the declaration of co-ownership), or "extra-contractual" if the fault alleged is the breach of an obligation provided for by law generally governing relations between individuals.
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I just suffered a major disaster caused by the breakage of the water supply pipe in my neighbour's shower. The water damage significantly affected my apartment and movable property. I had to be relocated for more than a month to the hotel. To make matters worse, I was not insured for this damage. However, I do not know if the defective pipe is in the common portion of the building or in the private portion of my neighbour. Question: Am I entitled to claim from my neighbour or the syndicate the sums I have had to pay so far?
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