Part 8 published on 01/11/04
Maintenance of windows includes replacement at end of normal life
The condominium corporation sought an interpretation of the maintenance obligations set out in the corporation’s declaration.
The Declaration stated: “Each owner shall maintain his unit or units (which shall include exterior windows and doors servicing his unit or units) and that portion of the common elements of which he has the exclusive use…”. The parties agreed that the owners were obligated to maintain the windows.* The question was: Does maintenance include replacement at the end of a window’s normal life?
The Court said that maintenance DOES include replacement at the end of the item’s normal life (ie., replacement as a result of normal wear and tear).
[*Editorial Note: Although this was not a point of dispute before the Court, the decision seems to say that the windows in this condominium are exclusive-use common elements. In my view, this is questionable if the windows are not specifically designated as exclusive-use common elements in the Declaration. In any event, I think it’s quite clear, from the wording of the declaration in this case, that the intention was that owners would maintain the windows and exterior doors. The declaration in this case may contain an inconsistency (between the unit boundary monumentation and the repair and maintenance provisions), but this did not seem to cause the Court any concern.]