Ice Falls in Divided Co-ownership: Who Is Responsible?

Every winter, freezing rain and snow turn building access points into high-risk areas. In a divided co-ownership, an ice-related fall quickly raises difficult questions: is the syndicate, snow removal contractor, co-owner or injured person responsible? The board of directors must act quickly and in accordance with the law, while protecting the divided co-ownership and its co-owners.

This article reviews responsibilities, insurance and prevention in a Quebec context. You will find practical guidelines for your common portions, private portions and restricted-use common portions, along with operational management measures that can be implemented today.

The Quebec legal framework at a glance

In Quebec, liability for an ice-related fall is based primarily on fault or negligence (see s. 1457 C.C.Q.). In a divided co-ownership, the syndicate’s mandate is to ensure the preservation of the building and the administration of the common portions (see s. 1039 C.C.Q.). It may be held liable for damage caused by a lack of maintenance of the common portions (see s. 1077 C.C.Q.).

• Duty of care: everyone must act as a reasonable person would. A foreseeable and avoidable maintenance failure may result in liability.
• Common portions: the syndicate administers and maintains them and must flag hazards. A clear snow removal and de-icing policy is essential.
• Declaration of co-ownership and by-laws of the immovable: they allocate maintenance obligations between the syndicate and co-owners, especially for restricted-use common portions (e.g., balconies and private-access stairs).

Useful references:

• Civil Code of Quebec, general duty of care: s. 1457 C.C.Q.
• Mandate of the syndicate: s. 1039 C.C.Q.
• Liability related to common portions: s. 1077 C.C.Q.

Common scenarios: who pays and who responds?

Each situation must be assessed based on the evidence, weather and reasonable measures taken. Here are the common cases encountered by syndicates and co-owners.

1) Exterior common portions (entrances, sidewalks and parking areas)

• In principle, the syndicate is responsible for maintenance, including snow removal, spreading abrasives and marking slippery areas. A lack of maintenance or an unreasonable delay after precipitation may result in civil liability.
• Even though people are expected to exercise care, a board of directors must be able to demonstrate a realistic intervention plan (thresholds, priorities and response times) and its implementation.

2) Private portions (inside a condo)

• A fall inside a condo usually concerns the occupant. The syndicate is not responsible for maintaining the floors of a private portion.
• Exception: if the water comes from an uncorrected defect in the common portions (e.g., infiltration through the building envelope), liability may be shared depending on the evidence and causation.

3) Restricted-use common portions (balconies, terraces and stairs leading to a unit)

• These elements are often restricted-use common portions. Generally, the syndicate remains responsible for their preservation and safety, while the user has routine maintenance obligations under the declaration of co-ownership and the by-laws of the immovable.
• If the declaration of co-ownership requires the user to perform minimum winter maintenance (sweeping away light snow or placing a mat), failure to comply may reduce or shift liability. Check the declaration of co-ownership and applicable resolutions of the annual general meeting carefully.

4) Snow removal contractor working under contract

• Hiring a subcontractor does not eliminate the syndicate’s liability to third parties. However, the syndicate may bring a contractual claim against the contractor for failing to meet the specifications (response times, spreading abrasives, monitoring thaw conditions, etc.).
• Make sure the contractor holds a valid RBQ licence and sufficient liability insurance. Check its licence on the RBQ website: RBQ.

Preventing falls: a winter plan adopted by the board of directors

Prevention always costs less than a claim. A clear winter operations plan, approved by the board of directors and communicated to co-owners, reduces risks and makes it easier to defend the syndicate.

• Intervention thresholds: establish deadlines after snow, freezing rain and thaw conditions; prioritize main entrances, ramps, stairs and slopes.
• Products and methods: choose suitable abrasives and de-icing products; provide abrasive bins at entrances, non-slip mats and shovels.
• Drainage and runoff: clear drains, channels and downspout outlets; monitor the formation of ice patches during thaws.
• Lighting and signage: make sure access lighting is working; put up temporary “slippery surface” signs during critical conditions.
• Contract and specifications: describe frequencies, thresholds, responsibilities, morning rounds, storm management and freezing-rain procedures precisely; include a logbook clause and a requirement to notify the condominium manager.
• Snow removal log: record intervention dates and times, weather, products used and photos. This record becomes key evidence in the event of a claim.
• Statement of condition and maintenance logbook: incorporate the winter strategy into the statement of condition and maintenance logbook; plan lasting corrections (slopes, surfaces and grab bars).

To structure these actions, see our operations management and financial management services to oversee suppliers, budgets and follow-up.

After a fall: steps for managing a claim

Even with a sound plan, an incident can occur. Here is a simple protocol the board of directors can adopt.

1. Secure the area and provide assistance

   • Provide assistance; call emergency services if necessary.
   • Cordon off the area and correct the immediate hazard (spread abrasive or close the area temporarily).

2. Document the incident without delay

   • Note the date, time, weather conditions, exact location and whether lighting and signage were present.
   • Photograph the location from several angles; preserve camera footage if available.
   • Record witnesses and their contact information; attach the snow removal log entries.

3. Notify and report

   • Promptly inform the condominium manager and board of directors; add an item to the minutes of the next meeting.
   • Notify the syndicate’s liability insurer in accordance with the policy; comply with reporting deadlines.
   • If a contractor is involved, send the contractor formal notice of the incident with the documentation.

4. Analyze and correct

   • Check compliance with the winter plan, specifications and thresholds; adjust them as needed.
   • Plan lasting corrective measures if there is a recurring ice problem (drainage, slope or awnings).

The assessment of liability will take reasonable efforts into account: a written plan, documented interventions and communication with occupants. Contributory negligence may reduce or apportion liability, particularly if the injured person ignored obvious signage.

Insurance: who covers what?

Understanding insurance policies prevents many conflicts between the syndicate and co-owners.

Syndicate insurance

• Liability insurance: covers third-party claims for bodily injury resulting from a lack of maintenance of the common portions.
• Property insurance: protects the common portions against property damage, but this coverage is generally not relevant to a fall.
• Deductible: the syndicate pays the deductible provided for in the policy; under the declaration of co-ownership and the law, the possibility of charging certain deductibles back is subject to limits and must be assessed carefully.

Co-owner’s insurance

• Liability insurance: covers damage caused by the co-owner’s negligence, particularly in the co-owner’s private portion.
• Improvements and contents: not directly related to the fall, but useful if the fall damages the co-owner’s property at home.

Coordination and communication

• Reports: each insurer must be notified in accordance with the respective contracts; keep all communications in writing.
• Negotiation: the syndicate’s insurer may defend the claim and, where appropriate, pursue a claim against a defaulting contractor.
• Transparency: inform co-owners of corrective measures and potential impacts on common expenses, as needed through a notice or the minutes of the annual general meeting.

Also consult the Civil Code of Quebec for the general framework governing the syndicate: s. 1039 et seq., as well as liability related to the common portions: s. 1077. When selecting a contractor, check the RBQ licence: RBQ.

FAQ – Ice-Related Falls in Condos

Q1. Is the syndicate always at fault when a fall occurs on a sidewalk belonging to the divided co-ownership?
No. Fault or a lack of maintenance must be proven. If the syndicate demonstrates a reasonable plan and interventions consistent with the weather conditions, it may not be held liable (see s. 1457 C.C.Q.).

Q2. A restricted-use balcony: the user or the syndicate?
Refer to the declaration of co-ownership and the by-laws of the immovable. The user often has routine maintenance tasks, but overall preservation and safety fall under the syndicate’s responsibility. Liability may be shared depending on the facts.

Q3. Can the board of directors claim costs from the contractor after a paid claim?
Yes, if the contract sets out obligations that were not met (response times, rounds or products). However, the syndicate remains the first point of contact for the victim and may then pursue its contractual remedies against the contractor.

For more advice on routine management and prevention, explore our blog.

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

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