Article 1074.2 CCQ - Insurance deductible and recourse against a co-owner
Article 1074.2 provides that what the syndicate pays in deductibles and in repairs to property it has an interest in insuring is recovered from the co-owners only through the common expenses. It reserves the damages the syndicate may obtain from the co-owner liable for the injury: through their own fault or, in the cases the Code provides, through the act of a person they answer for or of a thing in their custody.
What it means for your syndicate
The base rule: the deductible and the repairs are a syndicate expense, funded by the common expenses and the self-insurance fund, even when the loss starts in a private portion. A clause of the declaration of co-ownership that says otherwise, for example billing the deductible automatically to the co-owner of the private portion where the loss started, is deemed unwritten.
The exception: the syndicate may claim damages from the co-owner liable under the rules of civil liability, namely their own fault (art. 1457), the act of their minor child or employee (arts. 1459 and 1463), of their animal (art. 1466) or of a thing in their custody, such as their water heater (art. 1465). Where the loss started is not enough on its own.
It is a claim, not a common expense: the co-owner may contest it and, without an agreement, only a court can impose it. The syndicate is not required to make it; the board decides based on the facts and the amounts at stake. If it chose not to use its insurance, article 1074.1 prevents it from suing a co-owner for what that insurance would have covered.
CondoAide lets the board record each claim with its basis and the facts behind it, track its status and, once accepted, add the amount to the unit’s account. The useful records (reports, photos, maintenance attestations) stay on file.
Manage your co-ownership with confidence
CondoAide helps self-managed Quebec syndicates keep their register, finances and meetings aligned with the Civil Code.