Co-ownership · Liability
Water through the façade, a garage slab breaking down. Before hunting for someone to blame, know who the law designates.
The text
Article 1077: "The syndicate is liable for damage caused to the co-owners or third persons by faulty design, construction defects or lack of maintenance of the common portions, without prejudice to any recursory action."
Three causes, one liability
- Faulty design: the building was badly conceived.
- Construction defects: it was badly built.
- Lack of maintenance of the common portions: it was badly kept.
"Without prejudice to any recursory action"
Essential wording. The syndicate that compensates keeps its remedy against whoever actually caused the problem: developer, contractor, professional. Its liability toward you does not leave it without recourse.
What it means for a buyer
A construction defect in the common portions is not "the developer's problem" that does not concern you. It runs through the syndicate, therefore through common expenses, therefore through you. The remedy against the developer exists, but it takes time and money in the meantime.
Signals to look for before buying
- Minutes mentioning recurring water infiltration.
- A technical expert report commissioned by the syndicate.
- Ongoing litigation with a developer or contractor.
- A contingency fund tied up by a file.
Each of these normally appears in the register or the minutes. That is where you look, not in the kitchen.
Where this surfaces: the syndicate register
Almost every question above is answered by one source, and it is not the listing. It is the register the syndicate must keep: the declaration of co-ownership, contracts, the cadastral plan, plans and specifications, location certificates, the maintenance log and the contingency fund study.
That is why we request those documents as soon as interest is serious, not after an accepted offer. A problem found before the promise to purchase is negotiated. Found after, it is absorbed.
Three habits before buying a condo
- Read the declaration before the showing sways you. It sets your share of expenses, your votes, and what is allowed.
- Compare the fund study with the fund balance. The gap is your special assessment risk, and it is a number.
- Read the last three sets of minutes. Work deferred year after year always ends up funded by someone. Often the new owner.
Related
Frequently asked
Who is liable for a defect in the common portions?
Article 1077 makes the syndicate liable for damage from faulty design, construction defects or lack of maintenance of the common portions.
Can the syndicate pursue the developer?
Yes. The article says without prejudice to any recursory action.
How do I detect this before buying?
Through meeting minutes, expert reports commissioned by the syndicate and ongoing litigation, all normally in the register.
Articles quoted from the official English version of the Civil Code of Quebec (legisquebec.gouv.qc.ca), consulted 11 September 2026. This page informs; it is not legal advice. For a specific situation, consult a notary or a lawyer.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Tell us about your project.