Part 4 published on 01/11/03
Condominium Corporation only liable to owners where corporation is negligent
The owner sought to recover from the condominium corporation the amount of $7,500, being alleged loss of rent, payment of utilities and interest. The owner asserted that the unit could not be rented over an extensive period of time as a result of water seepage which had not been remedied by the condominium corporation. The owner argued that it was the corporation’s duty to keep the water out.
The court said that a condominium corporation is “obligated to do what is reasonable in carrying out its statutory duty”, including its repair and maintenance obligations. The court said that “the corporation is not burdened with strict liability.”
The court found that the condominium corporation was aware of the water penetration and accepted its responsibilities in a reasonable manner. The corporation arranged for investigations, made various repair efforts, and ultimately arrived at the solution to the problem with the assistance of an engineer. Shortly thereafter, repairs were affected. The court found no negligence on the part of the condominium corporation and accordingly dismissed the owner’s claim.