Part 40 published on 01/11/12
Condominium corporation entitled to carry out exterior unit repairs
The condominium property included a unique unit that was a stand-alone single family home, built long before the condominium was declared. That unit had been damaged by fire, and repairs had been delayed (in part because of the unit owner’s desire to convert the home into three units as permitted by a provision in the Declaration).
The condominium corporation was anxious to see the repairs completed, particularly to the exterior envelope of the home. The insurers for the condominium corporation and for the unit owner had discussed responsibility for the repairs, and had reached agreement on a 70/30 split (the corporation’s insurer to be responsible for 70% and the unit insurer to be responsible for 30%; presumably because 70% of the damage was determined to be damage to the standard unit and 30% of the damage was determined to be damage to improvements). However, the parties could not agree who would control, and arrange for completion of, the required work.
Based upon a review of the Declaration, the Court held that the condominium corporation had the obligation to repair “the roof and exterior of the property”, and held that the corporation could proceed with this work (particularly given the owner’s delay in arranging for the repairs).
[Editorial Note: I had difficulty understanding the reasoning of the Court in this case. In my view – this being insured damage – it was clearly the mandate of the corporation (or the corporation’s insurer) to arrange for repairs to the standard unit in accordance with Sections 99 and 100 of the Condominium Act (unless the corporation authorized the owner to attend to those repairs). But there was no discussion, in the decision, of Sections 99 and 100 or of the standard unit.]