Definition : Civil liability

Water damage is the most common loss in co-ownerships.The concept of water damage also includes the liability of the syndicate, the co-owner and the tenant, who could be engaged in the event of damage suffered by third parties. The question of who is responsible for this constantly arises. However, it is necessary to know the law applicable to the culprit. Other considerations affect both the insurer of the syndicate and that of the co-owners concerned, in order to determine who will pay what. However, water damage can originate from a private portion, but also from a common portion (roof, façade, terrace, sewage discharge column that crosses the apartments, terrace).  

The juridical personality of the syndicate is distinct from the one of the co-owners and directors. His acts are binding only on himself, besides for the exceptions provided by law. The faults committed by the syndicate have consequences only on its own civil liability and not on the directors. Under these conditions, they are held harmless by the syndicate and assume no responsibility for any costs, expenses, charges or losses they have incurred for the administration of the building and the syndicate. This is the basic principle, but it is important to bring several nuances to it. Indeed, a director must never lose sight of the interest of the community of co-owners.

The tasks of the condo manager are numerous. The latter may be mandated to manage the immovable, and thus ensure its preservation and maintenance; implement the decisions of the board of directors; settle major losses, take out the insurance required for your syndicate, but also to enforce the by-laws of the immovable. Therefore, his civil liability may be invoked. If he is at fault, he is exposed to recourses or claims for compensation, whether by the syndicate or the co-owners themselves. It is therefore imperative that civil liability insurance be underwritten for the duration of his contract for service or his contract of employment.  

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?  

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. A look at the various technical and legal aspects relating to this device, which is essential to any residential unit.

Parasitic disorders in co-ownership are well and truly present. They take the form of infestations of various insects, including cockroaches, carpenter ants, silverfish and Bed Bugs, not to mention rats, mouse,and field mice, whose presence has a repugnant effect and possibly harmful to human health. These insects and animals intrude unexpectedly into an apartment, or even an entire co-ownership, and can make its occupants live a nightmare. Noise in the pipes and noise at night caused by rats and mice add to the equation. Most of the time, it is up to the syndicate of co-owners, with regard to its obligation to maintain the common portions and preserve the building, to mandate a company specialized in pest management in order to carry out a disinsection or a deratization, or both. If that is the case, three questions will need to be answered: who is to blame, who should act and who should bear the costs?

The members of the board of directors play a key role in the co-ownership: they must be involved in the life of the building to ensure the proper management of the co-ownership and the well-being of the co-owners. Usually appointed by the Meeting of the co-owners, the director is a member of the Board of Directors of the syndicate. Its duties are to make decisions on the directions and priorities of the Syndicate. Such Decisions are without limitation for the purpose of the preservation of the immovable and also the management and maintenance of common portions. People who are thinking of becoming a director of a syndicate of co-owners have or should ask themselves certain questions before submitting their candidacy for this office. Do I have the required qualities and skills?

Like any other natural or legal person, a syndicate of co-owners is susceptible to incur civil liability. It can be invoked when performing work in common portions when one of the stakeholders of the immovable or a person in its environment suffers direct or indirect damage. It may of course be a co-owner but also all those therein, such as tenants and occupants. Its scope also extends to the owners of neighboring immovables, such as in the context of work having an impact on a common wall.

Question: I am a co-owner. Can the syndicate of co-owners claim the amount of the deductible for the insurance if I am responsible for the water damage?

In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority is, there is responsibility. This responsibility can be translated into the financial contribution of the co-owners, since in the event of a judgment condemning the syndicate to pay a sum of money, this judgement will be enforceable against him and each of the persons who were co-owners at the time the cause of action arose, in proportion to the relative value of their fraction.Therefore the law obliges any syndicate of co-owners to take out insurance covering its civil liability towards third parties.

In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority is, there is responsibility. This responsibility can be translated into the financial contribution of the co-owners, since in the event of a judgment condemning the syndicate to pay a sum of money, this judgement will be enforceable against him and each of the persons who were co-owners at the time the cause of action arose, proportionately to the relative value of his fraction. Therefore the law obliges any syndicate of co-owners to take out insurance covering its civil liability towards third parties.