Legal Protection for Condominiums

Frequently Asked Questions

• Why take out Legal Protection insurance for condominiums?

  The condominium association may be in conflict with third parties. The insurer's intervention can be either amicable or through judicial procedures. 1- Amicable intervention The contract intervenes when the Condominium Association is in conflict with an identified third party in the event of a dispute covered by the insurance, legally defensible according to the rules of law in force. The insurer assists the Condominium Association: - In seeking compensation, if it is entitled to obtain reparation for damage, recognition of a right, or restitution of a property, provided that the interests at stake exceed the intervention threshold; - In defense, if it is entitled to contest a claim made by a third party or in the event of criminal prosecution against it. We do everything possible to try to settle the dispute amicably. If no amicable solution is found, we assist in the judicial procedure. 2- Judicial procedure If a judicial procedure is necessary, the Condominium Legal Protection insurance covers the fees of the Condominium Association’s lawyer and legal costs under the conditions defined in the contract, provided that the dispute is legally defensible according to the rules of law in force. Note that insurers often offer a "legal assistance/prevention of disputes and information" service that allows the insured to have telephone assistance with legal advice on a given situation before formalizing a claim/dispute declaration.

• Is the Defense and Recourse guarantee of the multi-risk building contract not sufficient?

  In the case of a Multi-Risk Building contract, for example, the Insurer will only intervene: - In defense: if, for example, the building's responsibility is sought following a tile falling on a third party or a third party’s property; - In recourse: if, for example, the building is damaged by an identified third party during a move or delivery. The Defense and Recourse guarantee only intervenes when the building, subject to the guarantee, suffers or causes damage. Warning: Some Multi-Risk Building insurances highlight a Legal Protection guarantee in place of a Defense and Recourse guarantee. Often, this is misleading because it is an improperly named Defense and Recourse guarantee. If necessary, seek the advice of a professional. The Legal Protection guarantee is a full-fledged guarantee derived from specific regulations. Legal Protection for a condominium association, apart from the exclusions specified in the contract, covers most, if not all, actions carried out within the life of the building.

• For what type of dispute can a Legal Protection contract for condominiums intervene?

  Each contract may have specificities but generally, this type of contract intervenes when the Condominium Association encounters a dispute: - With companies performing work, provided the work was voted on after the subscription to this guarantee and Construction Damage insurance was taken out when mandatory due to the nature of the work; - With companies providing services (excluding construction companies): building cleaning, gardening, etc.; - With building staff: caretakers, maintenance personnel, etc.; - With the property management company; - With a co-owner: contesting a General Assembly decision, infraction of the Condominium Rules, etc.; - With a third party or neighbor who caused damage to the common areas of the building; - Concerning boundary walls or neighborhood disturbances or existing boundaries, provided that the disputes arise after a 12-month waiting period from the contract's effective date; - With the Multi-Risk Insurance Company insuring the building and the occupants' insurance companies; - Involving your civil liability, provided it is not covered by another insurance contract. If any part of the compensation for the damage is covered by one of the insurers, it is their responsibility to manage the file. In case of a conflict of interest, our guarantee will intervene to protect your rights. Compensation that could be granted to third parties is never covered; - With the Administration, public services, local authorities, or URSSAF.

• Are there exclusions to the condominium Legal Protection insurance?

  While it is essential to check your own contract, all contracts on the market have exclusions such as: - Acts of condominium management: A modification of the Condominium Rules, negotiating a contract, or implementing a layoff does not constitute a guaranteed dispute. - Previous facts: The condominium is in conflict with a neighboring store because of noisy air conditioning. They subscribe to the group Legal Protection contract. The guarantee cannot apply as the dispute predated the subscription. - Rented properties: The condominium rents out a commercial space and encounters a dispute with the tenant. The Legal Protection guarantee does not apply. - Unpaid charges: A co-owner does not pay their charges. The Legal Protection guarantee does not apply. - Private areas: A co-owner suffers damage in parts of the building that are private due to a company working for the condominium. The Legal Protection guarantee does not apply for the benefit of the co-owner (personal Legal Protection guarantee). - Preventive summary procedures: The condominium is sued by a developer who wants to undertake construction on an adjoining plot. The condominium wants to have an expert ascertain its condition before the work begins. There is no dispute, and consequently, the Legal Protection guarantee does not apply.