Stand-alone electrical or gas fired unit for the individual production of domestic hot water. This device often includes an insulated water tank, comprising a regulating thermostat, allowing it to keep the water at a constant temperature.
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?
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.
In co-ownerships, most water heaters (electric or gas) are installed within the apartments. In such a case, this device is an integral part of the private portions of the building. Each co-owners therefore has the responsibility to ensure the proper functioning, by checking (notably) any signs of dilapidation, and, if necessary, by replacing it at its own expense. Failing to do so, in the event of a breach, a co-owner could be held liable for any damages to the common areas of the building, as well as to the private portions owned by other co-owners, up to the amount of the deductible provided for the syndicate's insurance coverage.