Defining Urgent and Emergency Repairs
Condominium corporations are legally obligated to maintain and repair common property as outlined in the Condominium Property Act (CPA) and the corporation’s bylaws. Some repairs, however, require immediate action to prevent serious damage or risk to residents. These repairs fall into two categories:
1. Urgent Repairs
Urgent repairs are those that must be addressed immediately to prevent:
Serious damage to common property or units.
Health or safety risks to residents.
Interruption of essential services such as heat, water, or electricity.
📌 Examples of Urgent Repairs:
A burst pipe in a common area causing flooding.
A broken boiler system leaving the building without heat in winter.
A malfunctioning elevator in a high-rise building.
2. Emergency Repairs
Emergency repairs are more severe and require immediate response to prevent catastrophic damage, injury, or legal liability.
📌 Examples of Emergency Repairs:
A fire in the building that causes structural damage.
A gas leak that poses an explosion risk.
A major roof collapse due to extreme weather.
In both cases, condominium corporations must act immediately, even if formal board approval has not yet been obtained.
The Legal Obligation for Urgent Repairs
The Condominium Property Act and Regulation require that condominium corporations complete urgent or emergency repairs promptly, even if the repair costs have not been pre-approved by the board.
However, corporations must also:
Notify affected unit owners about emergency repairs that impact their property.
Recover costs from unit owners if the repair was required due to their negligence or a failure to maintain their unit.
Key Responsibilities of the Condominium Corporation
Identify the repair issue and confirm urgency (i.e., does it impact safety, preventable damage, or essential services?).
Take immediate action to complete the repair.
Communicate with unit owners regarding the status of the repair.
Determine responsibility for the cost of the repair (corporation vs. unit owner).
Processes for Responding to Emergency Maintenance Issues
A well-managed condominium corporation must have a structured emergency response process to handle urgent repairs efficiently.
Step-by-Step Process for Handling Emergency Repairs
Identify the Issue: Confirm whether the repair is urgent or an emergency.
Contain the Problem: Take temporary measures if needed (e.g., shutting off water, securing hazardous areas).
Contact Emergency Service Providers:
If necessary, engage fire, police, or other emergency services.
Notify the Board and Unit Owners: Inform the board and affected owners as soon as possible.
Authorize the Repair: Proceed with the necessary repair, even if board approval has not been secured yet.
Determine Liability for Costs: Keep detailed records of the repair, including invoices, communications, and incident reports.
Document the Incident:
Keep detailed records of the repair, including invoices, communications, and incident reports.
Recovering Costs for Emergency Repairs
If an emergency repair was caused by a unit owner’s negligence, the condominium corporation can recover the costs from that unit owner.
📌 Examples of Owner Responsibility for Repairs:
A leaking washing machine that causes water damage to the unit below.
A tenant smoking indoors resulting in fire damage.
A failed hot water tank causing damage to multiple units.
If the damage originated from the unit, the owner may be liable for up to $50,000 in repair costs, as per the Condominium Property Regulation.
