Syndicate Liability for Damage from Defective Common Roof Maintenance

The case concerned a dispute over liability for damage caused by water infiltration originating from the roof of a building, where the roof was maintained by the syndicate of co-owners but the damage affected a lower unit owner. The court of first instance held the syndicate liable based on the breach of its obligation to maintain common areas, but the appellate court overturned this, finding the damage resulted from weather conditions not constituting a fault attributable to the syndicate. The highest court quashed the appellate decision, reasoning that the syndicate, as the guardian of the common property, remains responsible for damages resulting from the poor condition or lack of maintenance of that property, irrespective of whether the damage was severe or attributable to an unusual event, provided the direct cause was a defect in the structure under its purview, thereby affirming the general liability of the syndicate for defects in common parts leading to damage to private property.