Water Damage During a Co-owner’s Work in Quebec: Who Pays?

Plumbing or renovation work goes wrong and causes water damage in a condo. In divided co-ownership, the question quickly comes up: who pays for what, and according to which rules? The answer depends on the cause, the portions affected (common or private), and the insurance coverage in place.

Your declaration of co-ownership (DCO) and the Civil Code of Quebec govern the allocation of responsibilities. The board of directors must also apply the by-laws adopted at the annual general meeting and recorded in the minutes. Here is a practical guide for syndicates and co-owners to help them act quickly and limit costs.

Before getting into the details, remember this: document everything, notify the syndicate without delay, and check your insurance coverage. This speeds up decisions and prevents surprise assessments in your common expenses.

The legal framework in brief

In Quebec, general civil liability arises from the principle of fault (art. 1457 C.C.Q.). If water damage results from negligence during work carried out by a co-owner or their contractor, the person at fault may be required to compensate for the harm. In divided co-ownership, specific rules also apply to insurance and claims management.

• The syndicate must insure the building, including certain private portions according to the “description of the standard unit,” as well as the common portions (arts. 1073 and following of the C.C.Q.).
• The co-owner usually insures their improvements (beyond the standard unit) and personal property. They also carry personal civil liability insurance.
• In certain cases, the syndicate may charge the insurance deductible to a co-owner when the loss is related to their fault, subject to the conditions set out in the Civil Code (in particular, art. 1074.2 C.C.Q.) and the by-laws of the immovable.

Consult the Civil Code of Quebec on LégisQuébec for the relevant provisions (in particular, arts. 1457 and 1073 to 1074.2 C.C.Q.).

• LégisQuébec – Civil Code of Quebec (C.C.Q.)

Common portions vs. private portions: who pays for the repairs?

The first question to ask is: which portions were damaged?

• Common portions (e.g., a riser, concrete slab or corridors): repairs are generally the responsibility of the syndicate, often through its insurance policy. The deductible may be absorbed by the syndicate or charged according to the co-ownership rules.
• Private portions (the interior of the unit, excluding certain elements covered by the standard unit): repairs to finishes and improvements are normally claimed from the co-owner’s insurer. Improvements beyond the building’s standard are generally the responsibility of the co-owner’s insurer.

The description of the standard unit, required by law and kept by the syndicate, serves as a reference for distinguishing what its insurance covers in a unit from what constitutes “improvements.” Check this document in your DCO or with the condominium manager. In case of doubt, the board must decide and record the decision in the minutes.

Good to know: if the water damage originates from a defect in a common portion (e.g., failure of a riser), the syndicate may be held liable. If the cause is a fault during work in a unit, the co-owner or contractor may be liable.

Syndicate and co-owner insurance: who covers what?

In the event of water damage, several policies may come into play. Understanding how the process works helps avoid delays and disputes.

• Syndicate insurance: covers the building according to the standard unit and the common portions, subject to the deductible. The syndicate’s insurer may bring a subrogated claim against the co-owner at fault or their contractor.
• Co-owner insurance: covers private improvements, personal property and civil liability. It often applies to restoring finishes that exceed the standard.
• Deductible: the deductible applicable to the syndicate’s policy may, in certain situations, be charged to the co-owner at fault if fault is proven and the by-laws of the immovable provide for it, in accordance with art. 1074.2 C.C.Q.

Typical claims process:

1. Notify the syndicate/condominium manager and your insurer immediately.
2. Limit the damage (shut off the water and dry the affected areas). Keep proof of the steps you took.
3. Document everything: photos, videos, invoices, communications with the contractor, and work authorizations granted by the board.
4. Assessments: obtain quotes from licensed contractors.
5. Coordination between insurers: the decision to indemnify and pursue recourse follows an analysis of the causes and coverage.

For practical guidance on co-ownership insurance, consult the RGCQ:

• RGCQ – Co-ownership insurance

Authorized work, licensed contractors and liability

Many water damage incidents occur during unauthorized or poorly executed work. Here are the basic precautions for divided co-ownership.

• Authorizations: any work affecting plumbing, the structure or membranes, or that could affect the common portions, requires the board’s authorization under the DCO and the by-laws of the immovable. The co-owner must obtain written confirmation before starting.
• Licensed contractor (RBQ): require a valid licence and proof of liability insurance. Check the licence on the RBQ website.
• Contracts and records: keep quotes, contracts, insurance certificates, and before-and-after photos. In the event of a claim, these documents support the analysis of fault and recourse.
• Access and coordination: notify the condominium manager of any water shutoff, elevator protection or work likely to affect the common portions. This should also be recorded in the maintenance logbook/EUC.

Useful resource for checking a contractor’s licence:

• RBQ – Check a contractor’s licence

Water damage procedure: 7 steps to act quickly

Water damage requires a coordinated response. Here is a sequence used successfully by many syndicates.

1. Make the area safe: shut off the water at the source, disconnect the power supply to affected appliances, and protect the common portions.
2. Notify: inform the condominium manager/board without delay. Record the date and time of the call or email.
3. Mitigate: bring in an emergency team (if necessary) for water extraction and drying. Keep the receipts.
4. Document: take photos/videos of the damage, the point of origin and the work in progress. Record the names of witnesses.
5. Report: open a claim with the insurer concerned (the syndicate and/or co-owner). Provide the DCO, the standard unit description and the supporting evidence.
6. Assess: obtain at least two quotes from RBQ-licensed contractors. The board approves the selected option and records it in the minutes.
7. Follow up: coordinate the repairs, verify compliance, and update the maintenance logbook/EUC. Consider the impact on common expenses if the syndicate absorbs a deductible.

If a sale is coming up, remember that certain losses must be disclosed to the buyer. Refer to the OACIQ guidelines:

• OACIQ – Seller disclosures and relevant information

Common scenarios: who pays?

To establish a solid foundation, the syndicate must maintain clear work authorization procedures and remind co-owners of the requirements at the annual general meeting. An annual reminder in the minutes and a checklist sent to co-owners greatly reduce losses.

FAQ

Can the board charge the insurance deductible to the co-owner at fault?

Yes, if fault is proven and the by-laws of the immovable provide for it, in compliance with art. 1074.2 C.C.Q. The board should adopt a written policy, apply it consistently, and record it in the minutes. In the absence of fault, many syndicates choose to cover the deductible through common expenses.

Do I need written authorization for work in my unit?

Whenever work affects plumbing, electricity, the structure or the building envelope, or could affect the common portions, written authorization from the board is generally required under the DCO. Otherwise, you could be held liable for the damage and additional costs.

Who pays for private improvements (higher-end finishes)?

As a general rule, improvements beyond the standard unit are covered by the co-owner’s insurance. Syndicate insurance covers standard elements and the common portions. Check the description of the standard unit held by the syndicate and your personal coverage.

Useful official resources:

• LégisQuébec – Civil Code of Quebec (C.C.Q.)
• RBQ – Check a contractor’s licence
• RGCQ – Co-ownership insurance
• OACIQ – Seller disclosures

To learn more about organization and services:

• Discover our operations management services
• Need tools for your board? Explore our administrative services
• Visit the multiRent blog for more practical guides

Legal references current as of 2026-07-03.

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

Do you manage a condominium in Quebec? Discover our packages or contact us to assess your needs.