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More on Window Ownership
@MarkH
There’s an article in this weekend’s Calgary Herald on page D3 (Saturday, November 27, 2021) by Robert Noce on window ownership; One interesting comment: “I [Robert Noce] am surprised this question still gets asked in 2021. The law has been clear for 21 years. Consult your Condominium Plan … “
One problem is that surveyors, not lawyers draw Condominium Plans, and clarity may not be there. Furthermore, some bylaws may pre‑date the changes in legislation and appear to be out of step with the Condominium Property Act and Regulation. And even more recent legislative changes may have changed the situation yet again. As Noce writes, “You may also want to consult a [skilled condominium ‑ AMH] lawyer to give you an opinion …”
Another issue is that the wording of the legislation may not consider the linkage between walls and window structures. A leaky window can be replaced or re‑caulked with sealant. However, as noted by Terry‑g above, damage may have occurred in the wall structure, which is common property, throwing responsibility back to the condominium corporation.
