Condominium Repairs: Who is Responsible?

The interaction between the Condominium Property Act, RSA 2000 (the “CPA”), c. C-22, condominium bylaws (the “Bylaws”), and condominium plans (the “Condo Plan”) can make it difficult for condominium owners to determine who is responsible for maintenance and repairs.

With some exceptions, condominium owners are responsible for the repair and maintenance of their units, whereas condominium corporations are responsible for the repair and maintenance of the common property.

The question that often arises is

How do I distinguish between my unit and the common property?

In order to determine the boundary of your unit and, by extension, the property for which you are responsible, the starting point is your Condo Plan.

For instance, the “notes” section of your Condo Plan may state:

The common boundary of the units inclusive with the common property is the interior undecorated surface of the floor, wall, or ceiling as the case may be

(the “Boundary Allocation”).

Although the Boundary Allocation may seem straightforward, the CPA takes precedence in the event your Condo Plan is silent or unclear.

For example, the Boundary Allocation makes no reference to windows or doors and, as a result, the responsibility for repairing and maintaining windows and doors is dictated by the CPA.

In this context, subsections 9(2)(a) and (b) of the CPA state as follows:

(a)    All doors and windows of a unit that are located on interior walls of the unit are part of the unit unless otherwise stipulated in the condominium plan, and

(b)    All doors and windows of a unit that are located on exterior walls of the unit are part of the common property unless otherwise stipulated in the condominium plan.

As a result, if your Condo Plan is silent or unclear as relates to whether windows and doors constitute common property, windows and doors on the exterior wall of the unit will constitute common property, whereas interior doors and windows will comprise part of your unit.

Under the CPA, casing, trim, or mouldings do not comprise part of doors or windows.

Notwithstanding the foregoing, condominium corporations are required to place and maintain insurance on the units (and in some cases, the improvements within the units) to cover destruction or damage caused by a number of perils, which are outlined in the Condominium Property Regulation, AR 168/2010 (the “Perils”).

If your unit has suffered damage as a result of one of the Perils, the condominium corporation will be required to avail itself of its insurance, although you may be charged the amount of the insurance deductible, up to a maximum of $50,000.00.

Should you have any questions pertaining to the responsibility for repairs at your condominium or the impact of your condominium corporation’s insurance policy, please do not hesitate to contact Sandeep K. Dhir, K.C. or Tanner J. Kovacs.