06/01/2020 – Jurisdiction Nova Scotia
Part 72 published on 01/12/2020
Condominium Corporation responsible for damage to unit
The Claimant owner suffered damage to her unit (her parquet floor) due to water entry from the exterior (through the common elements). She claimed that the condominium corporation was responsible for her unit repairs. The condominium corporation asserted that owners are responsible for their own repairs. The Court held that the condominium corporation was responsible. The Court noted that Section 35 of the Nova Scotia Condominium Act says that the corporation shall repair the units and common elements after damage unless the Declaration says that each owner shall repair that owner’s unit after damage.
The Court was unable to conclude that the Declaration had changed this obligation under Section 35. Furthermore, the Court was not able to find that the owner was in some way responsible for the leak.
The Court ordered the condominium corporation to cover the cost to replace the parquet flooring, subject to two deductions for betterment: “(deductions of) 25% for the better quality of product, and a further 25% for the life expectancy”.
Editorial Note: I just note that there was no analysis of insurance issues that might apply to the water damage.