Article 1074.2 governs the syndicate's recourse for the amounts it incurs for the deductible and the repair of a loss: it may claim them from a co-owner only if that co-owner has committed a fault.
Together with article 1074.1, it places the syndicate's insurance deductible on the syndicate, financed by the self-insurance fund, even when the loss originates in a private portion (for example water damage from a water heater).
The syndicate can turn against the co-owner to recover the deductible and repair costs only where there is fault on their part; the origin of the loss is not enough.
These rules come from Bill 141 (2018). CondoAide keeps the useful records on file (maintenance attestations, proof of insurance) that help establish the facts if a loss occurs.
Manage your co-ownership with confidence
CondoAide helps self-managed Quebec syndicates keep their register, finances and meetings aligned with the Civil Code.