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Home COFSAB Forum Repairs and Maintenance Where does the responsibility lie?

  • Where does the responsibility lie?

    Posted by Brian Gentles on June 21, 2022 at 10:58 am

    I see snippets of answers in various posts, but not sure if all the nuances of this are covered. Appreciate some insight from people with more experience.

    Standard condo, row housing. Toilet tank fails. Water damage within that unit only. $19,000 repair estimate not including basement.

    1. SIUD in place, filed. Basements undeveloped in the SIUD.

    2. 20 year old bylaws currently it the process of being updated. Understanding is that the Act supercedes the bylaws.

    3. Condo corp insurance deductible for water damage is $10,000.

    4. No negligence on part of the Condo Corp, nor Board.

    Is this 100% the responsibility of the owner and their insurance, or does the Condo insurance policy cover the damage and then claim the $10,000 deductible against the owner?

    If the Condo Corp has to come to the table, why is that? Condo Corp has no responsibility to maintain toilet tanks in the complex.

    Appreciate your insights. Thank you.

    Brian Gentles replied 1 year, 8 months ago 2 Members · 2 Replies
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  • Sherry Bignell

    June 22, 2022 at 12:37 pm

    Hi Brian,

    Great question! With respect to the comment on 20 year old bylaws currently in the process of being updated – Understanding that the Act supersedes the bylaws – this is usually only the case if there is a discrepancy or contravention between the bylaws and the Act – so not necessarily.

    Why does the Condominium Corporation have to get involved at all? The reason is due to legislation (Act, Regulations and Bylaws). The act states the Corporation must insure all of the units (in a conventional/standard condo units are defined by walls, ceilings and floors), so all units includes the interior of units, OTHER than unit owner improvements and betterments. Your bylaws will provide direction on who is responsible to insure unit owner improvements and betterments – which are in essence upgrades over and above the Corporation’s SIUD – if the SIUD indicates vinyl roll in the bathroom and there’s ceramic tile, there is an improvement or betterment.

    The Regulations outline the perils the Corporation must insure against, found in Section 61(1) and includes water damage caused by sewer back-up or the sudden and accidental escape of water or steam from within a plumbing, heating, sprinkler or air conditioning system or a domestic appliance that is located within an insured building.

    Maintenance and Damage are handled as two separate items in condominiums and found in two separate areas of the bylaws. Owners may be responsible to maintain their toilets (which is standard), however, if there is damage to the unit as a result of a toilet, the Corporation is required to respond first to damage because the Corporation insures the unit. Section 47 (6) of the Act is a clause that says if both the Corporation and an Owner are insuring the unit, the Corporation’s insurance is deemed to be first loss insurance, and the Owner’s excess. What this means is the Corporation is responsible to respond first to damage to the unit (up to the SIUD).

    The regulations to the Act have a section “Repairs to Units” and 62.2(1) says: A corporation shall make repairs or arrange for and supervise repairs to a unit and fixtures and finishing in a unit after damage where the corporation is responsible for insuring the property affected by the damage.

    Because damages originated within the unit, the Board can assess the $10,000 deductible back to the owner.

    Hope this helps.


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  • Brian Gentles

    June 23, 2022 at 8:47 am

    This is excellent Sherry. I do appreciate the explanation.<u1:p></u1:p>

    To motivate owners look after things that owners should be looking after, is there a case to make deductibles significantly large on categories where interiors can be subject to damage/loss?<u1:p></u1:p>


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