Advantages Condo

Thursday, the 27th March 2011 at 11h

The National Home Show (Montréal 2011)

Me Kevin Lebeau, Lawyer

When damage occurs due to an event in a condominium building, 
the Board of Directors must act on two fronts: taking emergency measures 
to secure the area, prevent further damage and restore the premises, and 
to take a position with respect to who is responsible for the event. The 
Board of directors needs to act to control the situation through the use 
of the services of a firm specializing in damage event emergency 
response and after-loss restoration.  The syndicate should first obtain 
an evalation of the damage caused and a report on the source of event to 
determine whether liability lies with the syndicate of co-ownership 
(construction defect or faulty design of a common portion of the 
building, or a failure to adequately maintain the common portions) or 
with a co-owner (act or fault of a co-owner, a member of their 
household, their tenant, or property for which they are legally 
responsible).  Where the liability for the damage lies with the 
co-owner, the syndicate has a right of direct action against the 
co-owner to recover its insurance deductible when the the loss is 
covered by the syndicate's insurer, or for the full amount of the damage 
caused in situations where the repair costs are less than the deductible 
and the syndicate's insurer is not obliged to indemnify the syndicate.

(Free)