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 co-owner for the amount non payable by the contract of the syndicate;
- Claim the responsible third party for the total amount of the damage (article 1074.1 of the C.C.Q.).
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:
- The co-owner insurance policies suggested by IBC cover the apportionment for the amount of the insufficiency;
- If the peril is covered by the co-owner’s policy, the co-owner will be indemnified for the portion representing an insufficiency, according to the policy’s coverages, less the portion of the syndicate’s deductible;