03/05/2017 – Jurisdiction Nova Scotia
Part 61 published on 01/03/2017
Condominium corporation responsible for owner’s costs relating to concrete floor failure
The concrete floor on the lower level of the unit was cracked and crumbling and had subsided a certain amount. The owner brought this to the attention of the condominium corporation. After some delay, the condominium corporation hired an engineer to investigate, but the engineer initially provided only a verbal report suggesting that the problem could be resolved by applying a levelling agent. The engineer did not identify any structural problem. The owner asked for a written report from the corporation’s engineer and also sought input from an independent engineer. The corporation supplied the written report and also ultimately went ahead with the repairs recommended by its engineer. The Court said that the owner’s concerns about a potential structural concern were reasonable. It was accordingly reasonable for the owner to request a written engineering report and also to seek commentary from an independent engineer.
In the end, the Court said that the condominium corporation was responsible to pay various costs to the owner, including:
- Costs for alternate accommodation during the repairs;
- The cost for the owner’s engineer;
- Compensation for lost work; and
The cost for professional cleaning following the work.