The cost of replacing a property damaged at the time of the loss compared to another of similar quality. This method takes into account the original price paid, as well as depreciation (the natural decrease in the value of a property over time, due to its wear and tear) and the physical condition of the asset at the time of the loss. In divided co-ownership, this value is used by:
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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L'avocat émérite et secrétaire général du RGCQ, Yves Joli-Coeur aborde dans cette vidéo des réclamations pouvant survenir en copropriété.
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A co-owner may be liable to the syndicate, the other co-owners and the occupants of the immovable. As stated in Article 1457 of the Civil Code of Québec, every person has a duty not to harm others. As a co-owner, you must be careful and abide to the appropriate rules of conduct in accordance with the context and circumstances. Otherwise, you engage your civil liability and are required to remedy (financially third parties for moral or property damage and personal injury.Therefore, co-owners must take out civil liability insurance covering in particular claims arising from their private portion.
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