In a recent decision of the Superior Court¹, the Court had to judge whether bodily injury to a co-owner of the building committed the liability of the syndicate of the condominium because of its duty to properly maintain the common portions of the building.
The decision, which includes fourteen pages, deals in detail with the medical evidence of the co-owner, as well as with the counter-proof of the syndicate. However, we will only analyze the Court’s reasoning in relation to the question of whether the syndicate’s liability could be incurred or not.
In a recent judgement of the Court of Quebec, Small Claims Division, which rendered a simultaneous decision on seven separate requests from co-owners against their co-ownership syndicate and its insurance company 1, the Court reaffirmed the principle by which decisions of the syndicate on major work from the contingency funds and the issuance of a special contribution levied, should not be adopted by a majority vote of the assembly of co-owners.
In a recent judgment of the Court of Quebec, Small Claims division¹, the Court reminded a syndicate of co-ownership that, in the absence of an express provision in its declaration of co-ownership, it is not up to the co-owners to pay the cost of replacing their windows, but rather to the syndicate using its contingency fund.
(In French) Toute modification de l'acte constitutif de copropriété et de l'état descriptif des fractions doit être notariée en minute et elles doivent être signées par les membres du conseil d'administration pour et au nom du syndicat.
Toutefois, certaines dispositions de la déclaration de copropriété reproduisent souvent textuellement des dispositions dites d'ordre public, et donc impératives, du Code civil du Québec. Ces dispositions ne peuvent être modifiées sous aucun prétexte.
In a recent judgment of the Court of Quebec, Small Claims Division1, the Court had to decide whether the cost of structurally repairing the floor of a condo should be borne by the co-owner or the syndicate.
A couple, owners of a unit in the co-ownership, claims $246.75 for damage in the structure of the floor of the bathroom of their condominium. The couple believes that this concerns a common portion, and therefore the responsibility of the syndicate of co-owners.