Your Condo Rights and Responsibilities: A Comprehensive Guide to Maintenance, Repairs, and Insurance

Understanding your rights and responsibilities as a condominium owner is essential for maintaining your property and fostering a harmonious living environment within the community. In Ontario, the Condominium Act, 1998, along with your condo corporation’s governing documents—such as the Declaration, By-laws, and Rules—outline these duties.

Navigating the Declaration

To effectively understand your responsibilities ensure you practice the following key principles.

Start by reading the definitions section in Article I of the Declaration, particularly the ones that define and discuss the residential units. Identify specific clauses that assign responsibility for components serving only your unit, even if they’re outside its physical boundaries.

There you will fine language that states, “Notwithstanding the boundaries set out in Schedule ‘C’ attached hereto, each residential dwelling Unit shall include all fans, pipes, fixtures, wires, cables, conduits, ducts, meters or similar apparatus… that supply any such service to that particular Unit only…” This basically tells the owner that anything that services only their unit becomes their responsibility even if it is found outside of unit’s boundaries as specified in the Schedule C.

Next, move down to the section that defines the general use of the units. You will find here important information on what can and cannot be done within a unit, the kind of pets that can be kept in a unit, and rules around leasing a unit. All of these are important since a violation of them will generally give rise to costs which can then be passed on to the unit owner.

Unit Boundaries and Common Elements

Your condo’s Declaration, particularly Schedule C, defines the boundaries of your unit and distinguishes between common elements and exclusive-use common elements. Common elements are areas shared by all owners, like lobbies and amenities, while exclusive-use common elements, such as balconies or patios, are designated for the use of a specific unit but remain part of the common elements.

Be sure to read the use of common elements to understand what is permitted and what is not, including a full discussion of pets and their regulations.

Maintenance and Repair Responsibilities

Generally, unit owners are responsible for maintaining and repairing their units, including fixtures like faucets, showerheads, and electrical outlets. The condo corporation typically handles the maintenance and repair of common elements. However, there are nuances: components outside your unit’s boundaries that serve only your unit—such as main shut-off valves and piping behind walls up to the main riser—are often your responsibility.

Insurance Considerations

Condo corporations are required to insure the common elements and standard unit components against major perils like fire or water damage. Owners should obtain individual insurance policies to cover personal property, unit improvements, and potential liability. It’s crucial to understand your corporation’s insurance policies and any by-laws that may require you to cover the corporation’s insurance deductible in certain situations.

Chargebacks and Additional Costs

A chargeback occurs when the condo corporation bills an owner for specific costs beyond regular monthly common expenses. These can include repairs the corporation undertakes on an owner’s behalf, damages caused by an owner (or their tenants, guests, or agents) to common elements or other units, and legal fees resulting from violations of governing documents. Such costs can be collected in the same manner as common expenses and may be secured by registering a lien against the unit. However, charges not defined in the Act or Declaration may not be enforceable through a lien.

The two illustrations above are in relation to insurance requirements by both the corporation and the individual owner. They are truncated for simplicity but be sure to read both sections to properly understand them.

Common Items Typically Under Owner Responsibility

Within Unit Boundaries

• Plumbing fixtures (e.g., faucets, showerheads)
• Electrical outlets and circuit breakers that service only the unit
• Interior finishes (e.g., drywall, paint, flooring, all interior doors)
• Heating/air conditioning equipment, even if they are periodically maintained by the corporation.
• All mechanical components that assist the resident to operate windows and exterior doors. The bug screen is also the owner’s responsibility.
• Main door lock is the owners’ responsibility, although there is a specific provision in the Declaration that explicitly states that owners cannot replace the lock without informing the corporation since that will require the master key to be matched to the new lock.

Outside Unit Boundaries but Serving Only the Unit

• Main shut-off valves
• Piping behind walls up to the main riser
• Ductwork exclusively serving the unit

… you get the idea.

Conversely, some items within your unit may fall under the corporation’s purview, especially if connected to other building systems triggering them in the process. Items such as heat detectors inside a unit come to mind since they are designed to trigger the building’s fire alarm. Speakers are also considered a common element and maintained and repaired by the condo corporation since they are an integral part of the building’s fire safety system. Of course, this would exclude any negligence or misuse by the residents.

Revisiting the Repairs and Maintenance Section of the Declaration

As noted above, this section of the declaration outlines the responsibilities of unit owners for the maintenance and repair of their units, emphasizing the importance of owners carefully understanding their obligations. It highlights that owners must maintain and repair specific components of their units, including but not limited to doors, windows, terraces, balconies, patios, heating and air conditioning systems, plumbing, and other unit-specific equipment.

To be clear, certain components which are considered common elements such as windows and exterior doors are the responsibility of the corporation to repair; however, the owner is responsible for maintaining the interior side of these components.

These responsibilities extend to ensuring that any damage caused by negligence—whether by the owner, their family members, tenants, or guests—is promptly repaired at the owner’s expense. The section also explains that failure to complete required maintenance or repairs within a reasonable time allows the condominium corporation to step in, perform the necessary work, and recover the costs from the owner, including interest and legal fees if applicable.

The importance of reading this section carefully lies in its detailed description of the specific elements and areas for which owners are responsible. This knowledge helps prevent misunderstandings about the scope of owner versus corporation responsibilities, ensures compliance with the condominium’s rules, and minimizes disputes. Additionally, owners should take note of the consequences of neglecting their obligations, including potential financial penalties and the imposition of additional costs as part of common expenses. Understanding this section helps owners protect their investment and contribute to the overall maintenance and functionality of the condominium community.

The two key questions owners should ask themselves when determining responsibility are:

1. Does what flows through the component (e.g., water, electricity) come directly from another unit, or does it come from a shared riser that branches off exclusively to my unit?
   • If it comes exclusively from a riser or serves only your unit, it is your responsibility.
2. Is what discharges from the component (e.g., water, waste) caused solely by activities in my unit?
   • If the discharge occurs as a result of activities in your unit, it is your responsibility, even if the component is located behind walls or under floors.

Examples to Clarify

• Sanitary Drainage Pipes—Water draining from your shower or kitchen sink flows into a pipe that exclusively carries waste from your unit to the main stack. Since the discharge is caused by your activities, the pipe is your responsibility.
• Fan Coil Piping—Water flowing through a fan coil comes from a shared riser but branches off to exclusively serve your unit, making the piping and fan coil your responsibility.
• Electrical Conduits—If the electricity comes from your unit’s circuit breaker, the conduit is part of the unit. If it comes from a common breaker panel, it’s a common element.

By answering these two questions, owners can easily determine whether a plumbing or service fixture is their responsibility or that of the condo corporation.

Understanding the Standard Unit By-law and Its Implications

The Standard Unit By-law is another crucial document within a condominium corporation’s governing framework. It defines what constitutes a “standard unit,” delineating the components the condo corporation’s insurance covers versus those the unit owner must insure. This distinction is vital when addressing repairs after damage, as it clarifies financial responsibilities and ensures appropriate coverage.

Damage Originating from Another Unit or Common Elements

When damage to your unit originates from another unit or the common elements—such as water leaks from a neighboring unit or issues stemming from common element infrastructure—the condo corporation’s insurance typically covers the repairs. However, this coverage is limited to items specified in the Standard Unit By-law. For instance, if the by-law excludes certain elements like flooring or other items which are not the same as the original that came with the unit (i.e. have been upgraded by the owner), the corporation’s insurance will not cover these. Therefore, it’s imperative for owners to obtain individual insurance policies that cover such improvements or non-standard elements to ensure comprehensive protection.

Damage Caused by Residents of the Unit

If damage originates within your unit due to actions by you, your family, tenants, or guests—such as accidental fires or water leaks/overflows—you are generally responsible for the repairs. In these cases, the condo corporation’s insurance policy may come into play, but you could be liable for the deductible amount. Such amounts vary from corporation to corporation and can be noted by reviewing the corporation’s insurance certificate, but they typically start at $10,000 and can be as high as $50,000 or more. You can see that the damage in your unit would have to be extensive for the corporation’s insurance to kick in.

In addition, many corporations now have by-laws that allow them to charge back the insurance deductible to the unit owner, even in the absence of negligence. It’s essential to review your corporation’s governing documents to understand these provisions. Having adequate personal insurance coverage (which covers the corporation’s deductible) can help manage these potential costs, ensuring you’re not faced with unexpected financial burdens.

Importance of Personal Insurance

Given the limitations of the condo corporation’s insurance—particularly concerning unit improvements and personal belongings—it’s crucial for owners to secure comprehensive personal condo insurance. This coverage should address:

• Unit Improvements: Enhancements or upgrades beyond the standard unit definition.
• Personal Property: Furniture, electronics, clothing, and other personal items.
• Liability Coverage: Protection against potential legal claims arising from incidents within your unit.
• Deductible Coverage: Potential responsibility for the condo corporation’s insurance deductible in certain scenarios.

By understanding the Standard Unit By-law and maintaining appropriate personal insurance, you can safeguard your investment and ensure clarity in responsibilities when unforeseen damages occur.

Guiding Owners Through the Declaration and Standard Unit By-law

To give the unit owner a clear understanding and framework of their responsibilities, below is a structured approach to navigate these documents effectively.

Start with the Declaration

The Declaration is the foundation of the condo corporation’s governance. Owners should focus on the following key sections:

Use of Units

• This section contains rules about unit use, such as pet restrictions, noise, and leasing requirements.
• Violations in this area can lead to financial penalties or legal costs being passed on to the owner, making it critical to understand these limitations.

Maintenance and Repairs

• This section outlines responsibilities for maintaining and repairing units and common elements.
• Pay attention to nuances regarding shared systems (e.g., windows, and exterior doors). While some components are repaired by the corporation, their internal maintenance often falls to the owner.
• Owners should also note provisions for negligence, which could result in chargebacks if damage extends to common elements or other units.

Schedule C – Unit Boundaries

• This section defines what constitutes the physical boundaries of the unit versus the common elements.
• It includes specific clauses that assign responsibility for components serving only one unit, even if located outside the unit’s physical boundaries.
• Owners should carefully read language such as:

“Each residential dwelling Unit shall include all fans, pipes, fixtures, wires, cables, conduits, ducts, meters or similar apparatus… that supply any such service to that particular Unit only.”

• This clause clarifies that elements like main shut-off valves and piping up to the riser are the owner’s responsibility.

Dive Into the Standard Unit By-law

The Standard Unit By-law determines what components the corporation’s insurance covers versus what remains the owner’s responsibility. Review the following:

Definition of a Standard Unit

• This section specifies the original condition of the unit as provided by the developer or as defined by the board if the bylaw was passed after the developer relinquished control of the corporation. Items not included (e.g., upgrades like flooring or custom fixtures) must be insured by the owner.
• Understand which components fall under “standard” to assess gaps in coverage.
• Provide your insurance provider with a copy of the corporation’s Declaration, standard unit bylaw, and insurance certificate. All such documents are typically available to an owner through a community portal’s library section or by requesting them from management.

Damage From External Sources

• If damage arises from another unit or common elements, the corporation will repair only the items defined in the Standard Unit By-law.
• Owners must ensure they have personal insurance to cover upgrades or non-standard elements.

Damage From Internal Sources

• For damage caused by residents, review how the corporation’s deductible applies. Owners are often responsible for this amount, especially if chargeback provisions are in place.
• Ensure personal insurance includes coverage for the deductible to mitigate out-of-pocket expenses.

Cross-Reference Other Governing Documents

While the Declaration and Standard Unit By-law are primary, owners should consult additional bylaws, rules, and the condo corporation’s insurance certificate for a complete understanding of what chargebacks are applicable to their unit.

Key Takeaways for Owners

• Know Your Boundaries—Clearly identify what’s inside your unit and what’s not, using Schedule C as a guide.
• Understand Your Maintenance Obligations—Familiarize yourself with the declaration’s maintenance and repair sections to avoid unexpected costs.
• Assess Your Insurance Needs—Match your personal condo insurance to the gaps left by the Standard Unit By-law, focusing on upgrades, deductibles, and liability.
• Be Proactive—Regularly review your corporation’s governing documents and insurance policies to stay informed about changes in responsibilities or costs.
• Be Open Minded—Be sure to discuss any concerns with the management or the board but be sure to accept their explanation when presented with facts.

Understanding your rights and responsibilities as a condominium owner is key to protecting your investment and ensuring a smooth living experience within the community. By thoroughly reviewing the Declaration, Standard Unit By-law, and other governing documents, you can clearly distinguish between what is your responsibility and what falls to the corporation.

Taking the time to familiarize yourself with sections like Schedule C, maintenance and repair obligations, and insurance provisions will help you avoid unexpected costs and disputes. Additionally, securing adequate personal insurance to cover gaps in the corporation’s policy—such as upgrades, personal property, and liability—provides invaluable peace of mind.

By staying informed and proactive, you contribute not only to the upkeep of your unit but also to the collective harmony and sustainability of your condo community. Knowledge is your best tool for navigating the intricacies of condo ownership with confidence.