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Condo Operations

Repairs After Damage

Responsibilities for repairing damage to units and common elements depend on what is outlined in the Condominium Act and the condo corporation’s governing documents. Understanding the definitions of a standard unit and common elements is particularly important because of insurance implications.

Summary

  • Corporations are responsible for repairing common elements and standard unit elements.
  • Owners are responsible for decorative and non-standard unit elements.
  • Check the governing documents and the condo Act to determine exact responsibilities.

Determining Responsibility

Condo corporations

Are generally responsible for repairing damage to common elements and standard unit elements. Common elements may include parking, hallways, elevators, amenities, etc.

Owners

Owners are responsible for repairing damage to decorative or non-standard unit elements. The corporation’s governing documents generally define what is considered a standard unit.

Amendments

Corporations can amend their repair obligations in their governing documents. Always review these documents first so you can understand your responsibilities and theirs.

See section 89 of the Condo Act to learn more about your condo corporation’s responsibilities.

Section 90 specifies how maintenance obligations are divided.

Section 91 allows corporations to change their responsibilities.


What is a Standard Unit?

The standard unit definition provides a specific list of items that your condo corporation considers part of a standard unit. Generally, these don’t include any alterations or renovations. Anything not included in the definition of the standard unit would then be considered improvements and their repairs are the responsibility of the owner.

Owners may also want to make changes to their exclusive use common elements which depending on the corporation, may include balconies, terraces and other such areas. In this case they must agree on the changes with their corporation and must also set out responsibilities for maintenance and repairs in this agreement.

Corporations without a standard unit definition by-law must use the standard unit definition schedule provided by the declarant within 30 days of the turn-over meeting.

See section 97 and 98 for more information on how owners can make changes to common elements.


Insurance

Corporations must be insured against major issues such as fire, water leaks, vandalism, and more. Owners are not required by law to have insurance but may be required to do so by their condo corporation’s governing documents. Their insurance policy would need to cover improvements made to their unit as well as their personal property.

Section 99 of the Condo Act has a full list of major perils that condo corporations need to be insured against.


Deductibles

Deductibles are payments that insurance policy holders must make before insurance companies will release funds to cover claims. Depending on the policy, deductibles can range from a few hundred dollars to tens of thousands.

Owners are generally responsible for paying their own deductibles unless they or their guests cause damage to common elements directly or by being negligent. Owners should understand that sometimes corporations may have by-laws that extend the circumstances in which an owner will be responsible for paying the corporation’s deductible to include situations where no one is directly at fault for.

Owners should take special care to understand their corporation’s insurance policy. If needed, owners should speak to an insurance broker so they can understand if they need to purchase a plan that covers them for situations where they are responsible for paying the corporation’s deductible.

Check out section 105 of the Act for more details on this.


What about Maintenance?

Condo corporations must maintain the common elements and unit owners must maintain their units. These maintenance obligations also include any repairs due to normal wear and tear.  As with repair-after-damage obligations, maintenance obligations can be altered by the corporation’s governing documents. Be sure to check your governing documents to learn more.

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