Syndicate’s insurer

The syndicate must insure the entire building (article 1073 of the C.C.Q.), except for improvements (article 1073 of the C.C.Q.). However, the damage might not be covered because there is no insurance or coverage. In such cases, the syndicate is in charge of the repairs and can:

  • Withdraw the money from its self-insurance fund (article 1071.1 of the C.C.Q.);
  • Apportion the amount for the damage among all of the co-owners as a common expense (article 1074.2 of the C.C.Q.);

And if there is a responsible party

  • Claim the responsible party for the total amount of the damage (co-owner or third party).

Co-owner’s insurer

Regardless of whether or not the co-owner’s unit is damaged, the syndicate can claim from the co-owner his/her share of the damage amount, which is considered a common expense (article 1074.2 of the C.C.Q.):

And if a co-owner is responsible

  • The responsible co-owner has civil liability coverage for the amounts claimed from him/her. 

Note: It is very important for co-owners to insure for all perils to which they could be exposed through apportionment. For example, even if they live on an upper floor, they could still be responsible for an apportionment for sewer backup. They should seek advice from their insurance broker or insurer.