The liability of the co-ownership syndicate

Application pratique:

Under Article 14 of the 1965 law and the 2012 ruling, the syndicate is strictly liable for damage caused by common parts, even without proof of negligence. Sophie should send a recorded letter to the syndicate citing this case law, enclose repair quotes and photos, and consider legal action within 5 years of the damage. A preventive inspection of common areas can avoid such disputes.

Application pratique:

The 2012 decision confirms the syndicate's liability for defects in common parts, regardless of third-party faults. Marc should formally notify the syndicate and his insurance, gather evidence (photos, invoices), and demand that the syndicate’s insurer compensate the tenant. If unresolved, Marc can pursue the syndicate in court, highlighting this precedent. Landlords should ensure syndicate insurance covers such claims.

Application pratique:

Since the defect lies in a common part, the syndicate is liable under Article 14, as upheld in the 2012 case. Camille must notify the syndicate immediately via recorded delivery, enclose the expert report, and request emergency repairs and compensation. She should also check the building’s maintenance records and, if needed, involve her own insurer. Acting quickly prevents worsening damage and preserves her legal rights within the 5-year claim period.