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MemberJanuary 27, 2024 at 7:44 am
Thanks for sharing your personal experience, Mark. Your suggestion of ensuring that external and easily accessible shut-off valves are installed is a good one!
As the Board continued our due diligence research, we became aware of a condo building’s past walk-in tub disaster due to “user error”. Long story short, the user opened the door before the tub was fully drained causing an enormous amount of damage for all floors below … nightmare for all involved to say the least!
So, we do need to be mindful of the Owner’s need, but we must also consider the potential negative impact on the building structure itself and on other Owners should a failure occur (whatever the reason). Even if installed following building/plumbing codes and with an engineering stamp of approval, we must also recognize the potential for damages caused by user error or equipment failure.
The Board ultimately decided to go with our PM’s recommendations, and on behalf of the Board, the PM sent the Owner the following:
“Your request has been received and reviewed by the Board. Before any further consideration is given or approval is granted, the following information will need to be submitted:
1. Detailed plans for the walk-in tub you intend to install – size and dimensions will have to be included, as well as a drawing prepared by an engineer for the installation. Timeframes for the installation, construction plans and renovation details must also be included.
2. Along with the plans a qualified engineer’s review and letter of opinion stating how the added weight of the walk-in tub (in a filled state) will affect the building structure.
3. A WCB clearance certificate and Liability Insurance Certificate for the contractors who will be doing the work in the bathroom.
4. Prior to the installation taking place, you will need to sign an Indemnity agreement / hold harmless agreement with the corporation. This will essentially establish that you will solely be responsible for any damage if any should ever occur due to the walk-in tub. For example, if the tub should ever flood the bathroom and damage any other units or common elements. You will also have to absorb the legal cost in relation to the preparation of the indemnity agreement. Legal counsel for the corporation will prepare the agreement and will register this on title for you unit. The cost of their services will be back charged to you.
5. You will also have to provide proof that you have reported the walk-in tub installation to your insurance company and coverage has been extended to include the walk-in tub any and potential damage is fully covered by you policy.
Only with all of the above criteria being met will the Board give further consideration to approving your request.”
We await the Owner’s response.