For condominiums, it is an obligation for the promoter or the condominium corporation, as the case may be, to define a “reference unit” in relation to which would be determined what constitutes an improvement made by a co-owner to his party in order to minimize the difficulties relating to determining the extent of the respective coverage of the insurance contracts of the syndicate and of the individual co-owner.
In addition, in cases where the corporation has failed to produce such a definition and for which there is no adequate documentary proof of the initial state of the units, the law would provide for the presumption that there is no then no improvements and the units are covered in their current state by the corporation contract. This presumption would minimize debate in the event of a claim and encourage unions to fulfill their obligations.