Definition : Hot water tank

We are a small co-ownership of twelve units. It is recognized that periodic maintenance and replacement of water heaters in apartments is a requirement of insurers. But we have a co-owner who makes the strong head and refuses to change his own (who is more than ten years old), on the pretext that his unit is located in a semi-basement. According to him, the risk of damage in case of water damage is minimal. I would like to know if our syndicate of co-owners has rights and recourse against this co-owner while we are in the process of annual renewal of our insurance policy. Question: What should we do?

When water damage comes from the common or private portions, any syndicate of co-owners must take the appropriate urgent measures. It will be necessary to dry up the source of the damage, as much as possible, and then move on to the other most pressing steps. The claim must be reported immediately to the insurance companies, namely those of the syndicate and the co-owners concerned. And once the claim adjuster have completed their work, it is important to hire a contractor to make the necessary repairs.  

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 occurrence of a disaster is never good news. Significant water damage is likely to cause lasting damage within the building (e.g. fungal developments inside walls and ceilings). There is no miracle solution to avoid water-induced disasters. However, considering their impact on the budget of a co-ownership, prevention measures must be put in place to monitor components and equipment more at risk. To limit the risk of disaster, especially water damage, some good resolutions are to be made on a daily basis.  

Les chauffe-eau installés dans les parties privatives d'une copropriété doivent être remplacés à temps, afin d'éviter un éventuel dégât d'eau.  

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?  

The concept of water damage refers to the damage caused to property by the action of water: it can be a pipe that bursts because of the frost, the drain pipe of the washing machine that breaks or the bathtub that overflows. Often impressive, water damage is probably the most recurrent problem in co-ownership. As proof, over the past ten years, the proportion of this type of loss has more than doubled. They thus represent the first cause of loss. They are also becoming more and more expensive, whether for syndicates or their insurers. In order to manage the consequences of water damage upstream, you will find below sub-sheets dealing with this issue.    

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.

Water damage is the leading cause of loss in co-ownership. They are also becoming more and more expensive, whether for syndicates or their insurers. And this is not surprising since the potential causes of loss are numerous. Over the past decade, the proportion of water damage has more than doubled in co-ownership.  In order to limit the extent of damage caused by water leaks, water leak detection systems have been created to detect any abnormal amount of water on the floor. This type of system also ensures the automatic closing of the main water inlet of the apartment. The objective is to be able to stop the source of water supply as soon as a leak is found.