Article 1073

(effective april 15, 2020 -  exceptions apart)

The syndicate has an insurable interest in the whole immovable, including the private portions. It shall take out insurance against ordinary risks providing for a reasonable deductible and covering the whole of the immovable, except improvements made by a co-owner to his portion, where they can be identified in relation to the description of that portion. The amount insured  must cover the reconstruction of the immovable in accordance with the standards, usage and good practice applicable at that time; the mount must be evaluated at least every five years by a member of a professional order designated by government regulation1.

The syndicate shall also take out third person liability insurance for itself and for the members of its board of directors and the manager as well as for the president and the secretary of the general meeting of the co-owners and the other persons responsible for seeing to its proper conduct.

The Government may, by regulation, determine cases in which a deductible is considered unreasonableIn addition, an insurance contract entered into by a syndicate covers, by operation of law, at least the risks prescribed by government regulation2, unless the policy or a rider sets out, expressly and in clearly legible characters, which of those risks are excluded.  The regulations may establish categories of buildings, in particular on the basis of their size, value or geographic location.

1Article 3 of the Regulation (effective April 15, 2021)

Only a member of the Ordre professionnel des évaluateurs agréés du Québec may be entrusted with evaluating the amount of eh insurance taken out by the syndicate of co-owners that is required to cover the reconstruction of the immovable held in divided co-ownership in keeping with the requirements of the first paragraph of article 1073 of the Civil Code.

2Article 4 of the Regulation (effective April 15, 2021)

The risks that a property insurance contract taken out by a syndicate of co-owners must cover in accordance with the third paragraph of article 1073 of the Civil Code are the following: theft, fire, lightning, storms, hail, explosions, water leak damage, sewer backup and overflows from appliances connected to water distribution piping within the building, strikes, riots or civil disturbances, the impact of an aircraft or vehicle, and vandalism or malicious acts.