15 Sep Did you know you could sue the syndicate of co-owners for damages on your property caused by construction defects of the common areas?

Excited about having purchased a new condominium in Laval, Patrick and Monica move there in April. The couple settle in and spend the summer decorating their new nest, which is on the top floor of a building.

One autumn afternoon, after heavy rains, Monica sees water stains in the ceiling. She touches the ceiling, and finds out that it is wet. She calls her partner Patrick, to inform him of the situation.

Upon Patrick’s arrival, water has infiltrated the condominium, causing visible damage in the ceiling as well as water damage in the living room. Patrick then contacts the Qualinet Group, which cleans up after the disaster and informs Patrick that water infiltration is due to a construction defect in the roof. Monica and Patrick are unhappy because they just paid a $3,000 invoice, and the issue is only temporarily resolved. They contact the syndicate of co-owners, which tells them they are not responsible. According to them, this is a case of force majeure (Act of God), as the heavy rain of the previous day is the cause of the water infiltration.

Did you know that Patrick and Monica could institute proceedings against the building’s syndicate of co-owners for damages caused by water infiltration? Indeed, this is a construction defect affecting one of the “common” areas of the building, namely, the roof. This construction defect resulted in damage to the young couple’s condominium, which is one of the “private” areas. As a result, the couple may claim a refund from the syndicate. The cost will then be divided among all co-owners of the building.

If you face a similar situation and wish to know what the chances of success of a potential lawsuit are, you should consult a lawyer…

For more information, please contact us at (514) 326-4553 or toll free at 1-855-505-1515 or by email at info@brunetassocies.com
Text written by Me Marie-Laurence Brunet,
in collaboration with Me Michelle Merhi,
Lawyers at Brunet & Associates