legal matters: water damage and your condo – who’s responsible?legal matters: water damage and your condo – who’s responsible?legal matters: water damage and your condo – who’s responsible?

Q: I live in a high-rise apartment.
The hot water tank in my unit was broken and caused water damage to my unit and the unit below.
The board informed me that I was responsible for paying the insurance deductible for the apartment. Why?
Your board may depend on
The law of the apartment enables it to transfer the obligation to pay the apartment\'s deductible to the owner because the damage was caused by your hot water tank and not by the apartment.
1998 of the Condominium Act provides that if the owner (
Or the person who lives in the owner\'s unit)causes damage (
Even inadvertently)
For the owner unit, the common expenses that the owner must pay can be increased by a smaller amount (i)
Cost of repairing damage; and (ii)
Insurance deductible for the apartment.
The Act also provides that the condominium has the right to expand the circumstances in which its insurance deductible may be charged to the unit.
For example, condominium apartments can expand the situation to include any damage caused to units not acting (or omission)
The apartment or its directors, officers, agents or employees.
This means that as long as the damage to the unit is not caused by the act (or omission)
In an apartment or its directors, officers, agents or employees, the apartment may have the owner responsible for paying the insurance deductible, regardless of whether the damage to the unit is caused by the owner.
This may change with the proposed amendment to the Act;
This is, however, the current law.
Many apartments have been promulgated using their power-
The law allows it to charge the owner an insurance deductible for damages caused to the owner\'s unit, other units and/or public elements. Such By-
The law requires the owner to be responsible for the damage caused by the owner (i)
Do something (i. e.
Kitchen sink overflowing), or (ii)
Not doing something (i. e.
Repair the leaking faucet)
, This will result in damage to the owner\'s unit, other units and/or public elements.
Therefore, as long as the co-management is not responsible, the owner is responsible for it.
Regardless of whether or not the owner has done or has not done anything, provided that the incident causing the damage comes from within the owner\'s unit, the owner may be responsible for paying the insurance deductible for the apartment.
Unfortunately, before something has happened, most owners are unaware that their apartment has the right to recover its insurance deductible, and that some things usually have an economic impact on the owners.
We recommend that you check your apartment
The law, see if the apartment is enacted.
The law that allows it to do so.
If any, talk to your insurance agent to see if you can purchase rider insurance to cover any fees you may incur for damage to your unit, another unit and/or common element of the apartment.
Maria DurdanMaria Durdan is the head of the SimpsonWigle law llp apartment Practice Group;
She specializes in apartment law, development and management.
Maria supports more than 650 corporate residential and commercial apartment customers across Ontario.
Maria also received an assistant from the Canadian apartment Institute (ACCI)
Legal designation, which recognizes that she has achieved a high level of knowledge and skills in co-management law.
Maria is the director of the Golden Horseshoe branch of the Canadian apartment Institute and chairman of the Board of Education.
Maria\'s practice includes advising the board of directors, property managers and developers on all areas of apartment law.
Q: I live in a high-rise apartment.
The hot water tank in my unit was broken and caused water damage to my unit and the unit below.
The board informed me that I was responsible for paying the insurance deductible for the apartment. Why?
Your board may depend on
The law of the apartment enables it to transfer the obligation to pay the apartment\'s deductible to the owner because the damage was caused by your hot water tank and not by the apartment.
1998 of the Condominium Act provides that if the owner (
Or the person who lives in the owner\'s unit)causes damage (
Even inadvertently)
For the owner unit, the common expenses that the owner must pay can be increased by a smaller amount (i)
Cost of repairing damage; and (ii)
Insurance deductible for the apartment.
The Act also provides that the condominium has the right to expand the circumstances in which its insurance deductible may be charged to the unit.
For example, condominium apartments can expand the situation to include any damage caused to units not acting (or omission)
The apartment or its directors, officers, agents or employees.
This means that as long as the damage to the unit is not caused by the act (or omission)
In an apartment or its directors, officers, agents or employees, the apartment may have the owner responsible for paying the insurance deductible, regardless of whether the damage to the unit is caused by the owner.
This may change with the proposed amendment to the Act;
This is, however, the current law.
Many apartments have been promulgated using their power-
The law allows it to charge the owner an insurance deductible for damages caused to the owner\'s unit, other units and/or public elements. Such By-
The law requires the owner to be responsible for the damage caused by the owner (i)
Do something (i. e.
Kitchen sink overflowing), or (ii)
Not doing something (i. e.
Repair the leaking faucet)
, This will result in damage to the owner\'s unit, other units and/or public elements.
Therefore, as long as the co-management is not responsible, the owner is responsible for it.
Regardless of whether or not the owner has done or has not done anything, provided that the incident causing the damage comes from within the owner\'s unit, the owner may be responsible for paying the insurance deductible for the apartment.
Unfortunately, before something has happened, most owners are unaware that their apartment has the right to recover its insurance deductible, and that some things usually have an economic impact on the owners.
We recommend that you check your apartment
The law, see if the apartment is enacted.
The law that allows it to do so.
If any, talk to your insurance agent to see if you can purchase rider insurance to cover any fees you may incur for damage to your unit, another unit and/or common element of the apartment.
Maria DurdanMaria Durdan is the head of the SimpsonWigle law llp apartment Practice Group;
She specializes in apartment law, development and management.
Maria supports more than 650 corporate residential and commercial apartment customers across Ontario.
Maria also received an assistant from the Canadian apartment Institute (ACCI)
Legal designation, which recognizes that she has achieved a high level of knowledge and skills in co-management law.
Maria is the director of the Golden Horseshoe branch of the Canadian apartment Institute and chairman of the Board of Education.
Maria\'s practice includes advising the board of directors, property managers and developers on all areas of apartment law.
Q: I live in a high-rise apartment.
The hot water tank in my unit was broken and caused water damage to my unit and the unit below.
The board informed me that I was responsible for paying the insurance deductible for the apartment. Why?
Your board may depend on
The law of the apartment enables it to transfer the obligation to pay the apartment\'s deductible to the owner because the damage was caused by your hot water tank and not by the apartment.
1998 of the Condominium Act provides that if the owner (
Or the person who lives in the owner\'s unit)causes damage (
Even inadvertently)
For the owner unit, the common expenses that the owner must pay can be increased by a smaller amount (i)
Cost of repairing damage; and (ii)
Insurance deductible for the apartment.
The Act also provides that the condominium has the right to expand the circumstances in which its insurance deductible may be charged to the unit.
For example, condominium apartments can expand the situation to include any damage caused to units not acting (or omission)
The apartment or its directors, officers, agents or employees.
This means that as long as the damage to the unit is not caused by the act (or omission)
In an apartment or its directors, officers, agents or employees, the apartment may have the owner responsible for paying the insurance deductible, regardless of whether the damage to the unit is caused by the owner.
This may change with the proposed amendment to the Act;
This is, however, the current law.
Many apartments have been promulgated using their power-
The law allows it to charge the owner an insurance deductible for damages caused to the owner\'s unit, other units and/or public elements. Such By-
The law requires the owner to be responsible for the damage caused by the owner (i)
Do something (i. e.
Kitchen sink overflowing), or (ii)
Not doing something (i. e.
Repair the leaking faucet)
, This will result in damage to the owner\'s unit, other units and/or public elements.
Therefore, as long as the co-management is not responsible, the owner is responsible for it.
Regardless of whether or not the owner has done or has not done anything, provided that the incident causing the damage comes from within the owner\'s unit, the owner may be responsible for paying the insurance deductible for the apartment.
Unfortunately, before something has happened, most owners are unaware that their apartment has the right to recover its insurance deductible, and that some things usually have an economic impact on the owners.
We recommend that you check your apartment
The law, see if the apartment is enacted.
The law that allows it to do so.
If any, talk to your insurance agent to see if you can purchase rider insurance to cover any fees you may incur for damage to your unit, another unit and/or common element of the apartment.
Maria DurdanMaria Durdan is the head of the SimpsonWigle law llp apartment Practice Group;
She specializes in apartment law, development and management.
Maria supports more than 650 corporate residential and commercial apartment customers across Ontario.
Maria also received an assistant from the Canadian apartment Institute (ACCI)
Legal designation, which recognizes that she has achieved a high level of knowledge and skills in co-management law.
Maria is the director of the Golden Horseshoe branch of the Canadian apartment Institute and chairman of the Board of Education.
Maria\'s practice includes advising the board of directors, property managers and developers on all areas of apartment law.