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:

And if there is a party at fault/responsible

  • Claim the co-owner at fault or the third party responsible for the amount of its damages.

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 amount of the insufficiency, which is considered a common expense (article 1074.2 of the C.C.Q.):

And if a co-owner is at fault

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

Note: It is very important for co-owners to purchase sufficient insurance for all perils to which they could be exposed through apportionment. They should consult the syndicate’s insurance policy to determine the insured perils and coverage limits of the policy (they are entitled to do so under article 1070 of the C.C.Q.).