u/YesDoToaster

11pm, playing a couple of games before bed. Keep losing and making mistakes, and getting frustrated. Next thing you know it is 3am.

https://preview.redd.it/n41qbhrat21h1.jpg?width=410&format=pjpg&auto=webp&s=ad45724794388eeab777608513cd9b07e479e400

I own a condo in Montreal and I’m considering suing the condo syndicate over a water leak coming from a ceiling vent connected to the building’s central AC / ventilation system. The leak damaged the ceiling and walls around the vent area. I had to repair it after many months, because they argued it was a "partie privative" issue. I think it is part of the "partie commune", but either way, I think they were responsible to do so (as per loi 141?).

The syndicate argues that because the damage appeared inside my unit, it is automatically part of my private portion and therefore my responsibility.

However, the declaration of co-ownership states that common portions include:

“les systèmes communs de chauffage, d'électricité, ... de ventilation ... y compris ceux de ces systèmes qui traversent une partie privative sans desservir exclusivement cette partie privative”

Article 1044 of the Civil Code of Quebec also says that common portions include central heating and air-conditioning systems, including ducts, conduits, and components that pass through private portions unless they serve exclusively that unit.

My understanding is:

• the ceiling vent and AC ducting are part of the building’s central ventilation system,
• the source of the water leak appears connected to that system,
• and under both the declaration and Quebec law, these types of systems remain common elements even when they pass through a private condo unit.

I would also add that the only maintenance I am aware of that needs to be done on the vent, is done by the building management (filter change).

Has anyone dealt with a similar condo dispute in Quebec involving central AC / ventilation systems inside a unit? Or does anyone familiar with Quebec condo law know whether this sounds like a potentially valid case against the syndicate?

Example of a ceiling vent in my unit