Who is responsible to repair and pay for flood damage in a condominium unit?


We were recently asked to provide advice following a flood in a condominium unit. The condominium corporation was surprised to hear that it may have the obligation to repair the unit despite the fact that the damage was limited to the unit. To better understand the obligations of the owners and those of the condominium corporation in case of a flood, it is important to understand the difference between the obligations to maintain” and the obligation to “repair after damage”.

Obligation to “maintain”

Section 90 of the Condominium Act, 1998 (the “Act”) provides that the condominium corporation has the obligation to maintain the common elements and that each owner has the obligation to maintain his or her own unit. Most declarations will reiterate the owner’s obligation to maintain his or her unit to the standard of a “prudent owner” and provide that each owner shall be responsible for all damages to any and all other units and to the common elements which are caused by his or her failure to maintain his or her unit.

Obligation to “repair after damage”

On the other hand, section 89 of the Act imposes an obligation on the condominium corporation to repair both the units and the common elements after damage, subject to any provision of the declaration which may alter the corporation’s obligations and which may impose an obligation on the unit owner to repair his or her unit after damage.

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