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:

And if a co-owner is responsible

  • The responsible co-owner has civil liability coverage for the amounts claimed from him/her. In this case, the syndicate can only sue the co-owner for the portion of the damage for which it would not have been indemnified (article 1074.1 of the C.C.Q.).