Suing your condominium corporation
Did you know that you can sue the syndicate of co-owners for damages caused by construction defects in common areas?
Thrilled by the purchase of their new condo in Laval, Patrick and Monica moved in in April.
The couple settled in and spent the summer decorating their new nest on the top floor of the building.
One autumn afternoon, heavy rain falls and Monica notices traces of water in the ceiling.
The ceiling felt damp to the touch.
She contacted her husband Patrick to inform him of the situation.
By the time Patrick arrives, water has seeped in, causing water damage in the living room and probably damaging the ceiling.
Patrick then contacts Groupe Qualinet, who carry out a post-loss cleanup and inform Patrick that the water infiltration is due to a construction defect in the roof.
Monica and Patrick are unhappy, having just paid $3,000.00 towards the bill, and the problem is only temporarily solved.
They contact the syndicate of co-owners, who tell them that they are not responsible.
According to them, it was a case of force majeure, and the water infiltration was the result of heavy rainfall on the day of the incident.
Did you know that Patrick and Monica have recourse against the building’s syndicate of co-owners for damage caused by water infiltration?
This is a construction defect affecting the “common” part of the building, the roof.
This construction defect damaged the young couple’s condominium, which is a “private” part of the building.
As a result, the couple can claim reimbursement from the syndicate.
The cost will then be shared among all the building’s co-owners.
If you are faced with a similar situation and want to know the chances of success of your recourse, you should consult a lawyer…
For more information, don’t hesitate to contact them at: (514) 326-4553 or toll-free at 1-855-505-1515, or by e-mail at info@brunetassocies.com.

Written by Marie-Laurence Brunet in collaboration with Michelle Merhi
Lawyers at Brunet & Associés
brunetassocies.com