Syndicate’s insurer

The syndicate must repair damage caused to property in which it has an insurable interest (articles 1039 and 1074.1 of the C.C.Q.). To cover the cost of the repairs, it 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 based on their share (article 1074.2 of the C.C.Q.);

And if there is a responsible party

  • Claim the responsible party for the amount of its damages (co-owner or the 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 total amounts claimed from him/her.