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Home COFSAB Forum Repairs and Maintenance What are my rights when it comes to water damage? Reply To: What are my rights when it comes to water damage?

  • Phil

    Member
    February 3, 2022 at 10:47 am

    from CalgaryMark

    First of all, my sympathies with the amount of time it has taken to get to even this stage of fixing the problem; that clearly shouldn’t have happened.

    You mention “one board member is stalling the process because it’s just a draft report”. One board member alone cannot stall the process; the member could speak against any action, but not unilaterally stall it. To move forward, a motion to accept the report voted on by the board membership, if passed by a majority, would allow the corporation to take action to correct the problem.

    Reading your account leads me to think that it has taken a long time to reveal the structural source of the problem; I assume that the condominium corporation is responsible for structural repairs to a unit. If this is so, and the engineer’s report shows a structural problem, then the corporation should repair the damage. Since the board seems unwilling to take that action, I suggest you (as an individual owner, not as a board member) approach your own insurance company to see if your insurer will fix the problem; it probably will pass the problem to the condominium corporation’s insurer. I don’t know if the corporation’s insurer would take any initiative to fix the problem, but they might point out to the corporation that it would have to cover the cost itself since it has ignored a maintenance problem. Then you would have two independent parties (the insurer and the engineer) pressing the corporation to fix the problem.

    With regard to your rights – I am not a legal expert; I suggest your knowledgeable condominium-experienced lawyer should answer that question.First of all, my sympathies with the amount of time it has taken to get to even this stage of fixing the problem; that clearly shouldn’t have happened.

    You mention “one board member is stalling the process because it’s just a draft report”. One board member alone cannot stall the process; the member could speak against any action, but not unilaterally stall it. To move forward, a motion to accept the report voted on by the board membership, if passed by a majority, would allow the corporation to take action to correct the problem.

    Reading your account leads me to think that it has taken a long time to reveal the structural source of the problem; I assume that the condominium corporation is responsible for structural repairs to a unit. If this is so, and the engineer’s report shows a structural problem, then the corporation should repair the damage. Since the board seems unwilling to take that action, I suggest you (as an individual owner, not as a board member) approach your own insurance company to see if your insurer will fix the problem; it probably will pass the problem to the condominium corporation’s insurer. I don’t know if the corporation’s insurer would take any initiative to fix the problem, but they might point out to the corporation that it would have to cover the cost itself since it has ignored a maintenance problem. Then you would have two independent parties (the insurer and the engineer) pressing the corporation to fix the problem.

    With regard to your rights – I am not a legal expert; I suggest your knowledgeable condominium-experienced lawyer should answer that question.