We have a co-owner who has to replace his bathroom vanity because of water damage that has deteriorated it. Our syndicate of co-owners is insured for this type of loss, subject to an insurance deductible of $ 2500. The co-owner is insured for improvements made to his private portion. He opened a claim file with his insurer. However, the cost of replacing your vanity unit is lower than our deductible. It should be noted that we were informed that the co-owner, having bought the damaged apartment from the developer, had paid an extra fee for a superior quality vanity. Questions: In the circumstances, does the syndicate have to pay all or part of the cost of replacing this piece of furniture? If so, what should be the participation of the co-owner's insurer?
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.
I just suffered a major disaster caused by the breakage of the water supply pipe in my neighbour's shower. The water damage significantly affected my apartment and movable property. I had to be relocated for more than a month to the hotel. To make matters worse, I was not insured for this damage. However, I do not know if the defective pipe is in the common portion of the building or in the private portion of my neighbour. Question: Am I entitled to claim from my neighbour or the syndicate the sums I have had to pay so far?
Although the law (1064.1 of the Civil Code of Quebec) and our declaration of co-ownership are explicit, there are still some co-owners who refuse to provide the board of directors with proof of insurance.
Questions: What means does the syndicate have to obtain this evidence? How do we enforce this section of the Civil Code of Quebec? Is there a government agency that has the authority to demand that evidence?
A co-owner has repeatedly caused several water damages in our building, due to his negligence. This resulted in a surcharge for the syndicate's insurance.
Question: Can the board of directors claim the full amount from the co-owner who caused the loss?
Question: We suffered water damage. Three apartments, including mine, were affected by the breakdown of a water heater. The co-ownership’s insurer refuses to compensate us completely, claiming that our syndicate has paid too low a premium compared to the true risk insured. More specifically, it appears that the directors took out inadequate insurance cover with a reference to a rule proportional to 80%. I do not understand that. Is the insurer right not to fully compensate us?
When we returned from vacation, I found that the door of our apartment had been forced open and that we had been robbed. I contacted a member of the board of directors to inform him of our misadventure. He told us that a series of thefts had taken place in the building. Some apartments were reportedly ransacked. Luckily this is not our case. Question: Under the circumstances, what should I do?