18/03/2021 – Jurisdiction Ontario
Part 74 published on 01/03/2021
Court holds condominium corporation responsible for membrane applied to concrete slab
This highrise condominium includes a commercial unit, which must be maintained and repaired by the owner of that unit. The commercial unit contains a parking area. The lower boundary of the commercial unit is the upper surface of the concrete floor beneath the unit. Many years after the original construction, based upon advice from the corporation’s engineer, the corporation arranged for installation of a waterproofing membrane on the surface of the concrete slab (to protect against the harmful effects of salt from parked cars in the parking area). The Court was asked to determine whether or not the owner of the commercial unit was responsible to repair and maintain the membrane.
The Court held that “the membrane is indistinguishable from and integrated with the concrete slab which undoubtedly forms part of the common elements of the condominium”. Therefore, the Court held that the condominium corporation was responsible to repair and maintain the membrane.
The Court also held that the commercial owner was responsible for costs incurred by the condominium corporation to power wash the commercial parking area (which was the responsibility of the owner).
Finally, the Court declined to make an order – requested by the owner – that the corporation fund the temporary removal of vehicles from the commercial parking garage in order to effect the necessary repair/replacement of the parking membrane. The Court said:
It is not the function of the court to micromanage in advance the arrangements which may need to be made as and when the concrete slab and/or membrane in the commercial parking area is repaired or replaced.