When a co-owner suffers a loss and only his property is damaged, he can file a claim with his insurer without involving other parties. When a loss affects the condo building, whether in a unit or in the common portions, the syndicate is responsible for having the damage repaired, since it must ensure the conservation of the building.
If the syndicate decides to file a claim, its insurer will assume responsibility for managing the claim.
If the syndicate decides not to file a claim, it must nevertheless assume responsibility for repairing the damage.
As for your insurer, it will step in to repair or replace your personal property and your improvements. It will also be involved if there is special assessment (apportionment), i.e., when the common expenses are apportioned by the syndicate to each owner. In addition, it will intervene if you are considered responsible for the damage suffered.
If the condo suffers a loss, there are several ways to deal with it. This depends, among other things, on the coverage and insurance amounts chosen by the syndicate, its deductible, as well as the funds available to manage some of the common co-ownership expenses (i.e., contingency fund and self insurance fund). The amounts available in these funds can make a major difference in settling condo claims.
The legislation provides for several situations and states the options the syndicate has to repair the damage in case of: