The impact of the coming into effect of the Civil Code of Quebec and the majorities required to modify the contents of a declaration of co-ownership

The syndicate claims from the defendant co-owners the sum of 383,78$, representing the cost of the repairs carried out on the ceiling of the bathroom of the owner of the private portion unit 608 located directly below that owned by the defendants.

The plaintiff co-owners are claiming 343,14$ from the Syndicate in reimbursement of the costs which they paid for the replacement of two thermo-panes of the windows of their condominium, claiming that these panes were no longer air or watertight.

The defendants, Les Constructions Citcom, and Mr Joseph Sagaria ask for the rejection of an action for damages filed by the Syndicate of the Co-ownership 1272-1282 Notre-Dame-de-Fatima and five owners of a single condo unit.

Appeal from a lower court judgement - action to cancel the decisions of the assembly of the co-owners - ratification of a resolution of the Board of Directors - applicability of articles 1103 and 1097 C.c.Q. to the decision of the assembly of co-owners authorizing the institution of injunction proceedings and to approve a special assessment for legal expenses.

Once the budget is determined by the Board of Directors, the latter must send a notice to every co-owner of the amount of his contributions and of the date when payments are due.

When damage occurs in a condominium building, the syndicate will often face various arguments from the co-owner who caused, or who is responsible for the damage, as well as the co-owner's insurer, that it's up syndicate to do the repairs and that neither the co-owner, nor his insurer should be involved. This position often stems from a misunderstanding of the particularities of insurance in condominium buildings, and of the rules governing civil liability.

Damage claim by a co-owner - water infiltrations through the roof – question of whether the roof is a common or private portion of the building – dismissal of the co-owner's claim
 

• A co-owner files a court claim against the syndicate of co-ownership for $1558,00 for the damage caused to his private portion following water infiltrations through the roof of his unit.

Thursday, the 27th March 2011 at 11h

The National Home Show (Montréal 2011)

Me Kevin Lebeau, Lawyer

Recourse in damage of the syndicate – service contract - checking of a building safety system - failure of integral execution of the services agreed upon in the contract - interpretation of the contract - reclaim of the costs to have the obligations carried out by another company - sentencing of the defendant