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Copropriétés commerciales : qui paie quoi en cas de panne majeure du système CVAC
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Commercial Co-Ownerships: Who Pays What in the Event of a Major HVAC System Failure?

Understanding the Financial Responsibility Breakdown for HVAC Systems in a Commercial Co-Ownership

In a commercial co-ownership, managing shared equipment such as HVAC (heating, ventilation and air conditioning) systems can quickly become a delicate issue, especially when a major breakdown occurs. Who pays: the co-owner, the condo board, or all co-owners through the reserve fund? At AirGreen, we’ve helped numerous co-ownership properties in Montréal, Laval, Longueuil, as well as on the North Shore and South Shore, navigate these complex situations. Drawing from our real-world experience, we offer here a concrete, expert analysis of the topic, enriched with real case studies and practical advice.

Components of the HVAC System in a Commercial Co-Ownership

HVAC systems in co-owned commercial buildings can be:

  • Centralized (one unit serves multiple spaces)

  • Individual (each unit has its own system)

  • Hybrid (some components are shared, others are private)

Each setup implies a different logic of responsibility.

What the Law Says: Private or Shared?

In most co-ownership by-laws, responsibilities are defined based on the classification of the components:

  • Private portions: typically, equipment located inside the unit (like a thermostat or individual wall-mounted heat pump) falls under the co-owner’s responsibility.

  • Common areas: ductwork, rooftop central units, interconnected ventilation systems are usually the responsibility of the condo board.

⚠️ Important: The reality can vary from one building to another. A careful reading of the declaration of co-ownership and by-laws is essential.

Case Study – Commercial Complex in Laval

In 2024, we were called for a complete failure of a central heating system in an office complex in Laval. The central heat pump (Goodman 5-ton model) served 8 commercial units through a network of interconnected ducts. The 18-year-old unit had broken down in the middle of January.

The issue:

  • Two co-owners refused to contribute, claiming the unit only served certain offices.

  • The condo board hesitated to dip into the reserve fund.

Our approach:

  1. Full diagnostic of the failure.

  2. Production of a detailed expert report to support the claim with the board.

  3. Assistance in legal clarification in collaboration with a co-ownership law specialist.

  4. Rapid replacement with a Bosch BOVA 60H unit, SEER 18 efficiency, eligible under the LogisVert program.

Outcome: The board covered 100% of the costs, based on our report’s conclusions and the by-laws.

The Crucial Role of the Co-Ownership By-Laws

Here are the key elements to verify in the by-laws:

  • Definition of common areas with restricted use.

  • Clauses on mechanical equipment.

  • Sections on cost sharing for replacement or repair.

  • Specific rules for equipment on flat rooftops (e.g., heat pumps, central air conditioners).

Financial Implications: Repair vs. Replacement

When a major failure occurs:

  • If the system is shared: the condo board covers repair/replacement (often through the reserve fund).

  • If the system is private: the affected co-owner bears the costs.

  • If the system is hybrid: costs can be shared based on use, provided the by-laws allow it.

AirGreen Tip: Anticipate these costs with an annual HVAC assessment of your building. We offer tailored service packages for commercial co-ownerships.

Preventive Maintenance: A Shared Responsibility

A well-maintained system reduces the risk of major breakdowns. Yet, maintenance is often overlooked. At AirGreen, we offer commercial HVAC maintenance contracts including:

  • Duct cleaning

  • Inspection of indoor and outdoor units

  • Thermostat calibration

  • Airflow and indoor air quality checks

We regularly operate in Longueuil and on the South Shore for co-owned commercial buildings with multisplit systems or large central units from brands like Lennox, Trane, or Fujitsu.

How to Manage a Major Breakdown Without Conflict

Here’s a proven methodology:

  1. Quickly identify the exact cause of the failure (AirGreen diagnostics within 24–48h).

  2. Review the co-ownership by-laws to identify who is responsible.

  3. Notify the board transparently and document every step.

  4. Call in a certified HVAC professional (like AirGreen) for repair or replacement.

  5. Communicate clearly with co-owners through the board.

Why Choose AirGreen for Your Commercial Co-Ownership?

We’re a trusted provider of HVAC installation, maintenance, and repair for commercial co-ownerships in Montréal, Laval, Longueuil, North Shore and South Shore. Our advantages:

  • Expertise with trusted brands: Goodman, Bosch, Trane, Fujitsu, Haxxair

  • Fast service with comprehensive technical reports

  • Support in legal analysis during disputes

  • Assistance with grant applications (e.g., LogisVert program)

Client Testimonial – Sainte-Julie (South Shore):
“Thanks to AirGreen, we were able to quickly replace our central system after it broke down. Their report was crucial in getting the board to cover 100% of the costs.” – Commercial co-ownership property manager

Conclusion: Plan Ahead to Manage Better

A major HVAC system failure in a commercial co-ownership can trigger tension and high expenses. But with a thorough review of by-laws, proper planning, and a reliable technical partner like AirGreen, you can avoid conflicts, speed up repairs, and maximize your investment.

Contact us today for a preventive diagnostic or a full assessment of your commercial HVAC system.