Defining Condominium Corporation Maintenance Responsibilities
A condominium corporation is responsible for maintaining and repairing the common property as outlined in the Condominium Property Act (CPA) and the corporation’s bylaws. The specific duties of the corporation depend on whether the property is a conventional condominium or a bare land condominium, as well as the registered Standard Insurable Unit Description (SIUD), bylaws, and the Reserve Fund Study.
Key Responsibilities of a Condominium Corporation
Common Property Maintenance: The corporation must maintain, repair, and replace common property as necessary. This includes exterior walls, roofs, hallways, elevators, and shared mechanical systems (e.g., boilers, electrical systems, plumbing serving multiple units).
Depreciated property repair or replacement: The Reserve Fund Study (RFS) outlines projected long-term repair and replacement costs for common property and may include specific maintenance responsibilities within individual units (e.g., windows, doors, or heating systems).
Insurance-Related Repairs: If a common property failure (such as a leaking roof) causes damage to individual units, the corporation is responsible for repairing the common property and restoring any insured elements within the affected unit(s).
Urgent Repairs: The corporation must complete repairs that affect the safety, habitability, or structural integrity of the condominium.
The Difference Between Unit Repairs and Common Property Maintenance
1. What is Considered a Unit?
A unit consists of the space and structural components within the boundaries of an owner’s property, as described in the condominium plan.
Generally, owners are responsible for everything inside their unit boundaries, including flooring, cabinetry, plumbing fixtures, and appliances unless otherwise stated in the SIUD or bylaws.
2. What is Common Property?
Common property includes all areas that are shared by multiple owners. Examples include hallways, elevators, exterior walls, parking areas, and shared mechanical systems.
The condominium corporation is responsible for the repair, maintenance, and replacement of common property elements.
3. Who is Responsible for Repairs?
Type of Repair | Responsible Party |
Common Property Maintenance | Condominium Corporation |
Unit Interior Maintenance | Unit Owner |
Common Property Damage Affecting a Unit | Condominium Corporation |
Type of Repair | Examples |
Common Property Maintenance | Roof repairs, exterior walls, shared plumbing systems |
Unit Interior Maintenance | Flooring, drywall, cabinetry, appliances |
Common Property Damage Affecting a Unit | Water damage caused by a leaking roof |
Key Consideration:
If a condominium corporation fails to maintain common property, it may be held liable for damages resulting from that failure.
Who is Responsible for Unit Repairs?
Under the Condominium Property Act and Regulation, a unit owner is responsible for maintaining everything inside their unit boundaries, unless the bylaws or Standard Insurable Unit Description (SIUD) state otherwise.
However, a condominium corporation may be responsible for certain unit repairs if the damage originates from common property or is the result of an insurable loss covered by the corporation’s insurance policy.
Scenarios Where the Corporation May Be Responsible for Unit Repairs
If damage originates from common property
Example: A burst pipe in a common area floods an owner’s unit. The corporation is responsible for repairing the pipe and any resulting damage within the unit’s insured elements.
If the damage is an insurable loss covered by the corporation’s policy
Example: A hailstorm damages exterior windows. The corporation must repair or replace the windows if they are included in the SIUD.
If a unit owner causes damage to another unit or common property
Example: An owner’s bathtub overflows, damaging the unit below. The owner may be responsible for the repair costs, up to the insurance deductible.
