The fact, for a syndicate of co-ownership, of having to answer for his or her actions and decisions. Article 1077 of the Civil Code provides also that the syndicate is liable for damages caused to co-owners or third parties in the occurrence (amongst others) of problems related to faulty design or construction defects of the immovable, or due to a lack of maintenance of the common portions of the co-ownership. In the latter case, the syndicate is subject to a no-fault liability regime, for it must ensure the preservation of the immovable and maintenance of common areas.
The windows of our unit are at the end of their lives, according to a specialist who changed the thermos of a window that don't 2 windows have already cracked. Despite my express request to the syndicate to change our windows, he prefers to wait a few years to change all the windows. We have been losing the enjoyment of one of our main windows for 2 years. Its opening is a danger, because it is too heavy, weighs on the closing mechanism, and I am afraid that it falls from the 4th floor, or that the thermos breaks again. Question: What do you think are our remedies?
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L’obligation du Syndicat d’entretenir les parties communes, plus particulièrement les parties communes à usage restreint, a fait couler beaucoup d’encre depuis la réforme de 1994. Souvent, les administrateurs se font tirer l’oreille lorsque des copropriétaires réclament l’exécution de certains travaux majeurs, soit un balcon sérieusement endommagé ou, comme c’était le cas dans l’affaire MARCHAND, pour une verrière qui est la source constante d’infiltration d’eau(1).
Work carried out in the common portions concerns the community of co-owners. This is reason why they are often carried out by the syndicate. Not only is this action consistent with its purpose and mission (article 1039 of the Civil Code of Québec), the purpose of which is to ensure the maintenance and preservation of the immovable, but it also arises from the onerous liability incumbent upon it if the work is poorly executed.
Just like any other natural or legal person, a syndicate of co-ownership may be held civilly liable towards third parties, including co-owners.