Part 31 published on 01/08/10
Condominium corporation obligated to make reasonable repair efforts
A unit owner alleged that he had suffered damages as a result of the condominium corporation’s failure to stop water penetration into his unit. The condominium corporation applied for a “non-suit” on the grounds that the owner had not proven any basis for recovery. The condominium corporation’s application for non-suit was dismissed. The Court’s decision included the following:
“The question for my determination, is whether Wilson has but sufficient evidence before me that the condominium corporation failed to carry out the necessary repairs in a reasonable time, bringing reasonable efforts to bear to resolve the problem using reasonable efforts.”
The Court held that the owner had satisfied this onus and ordered that the matter proceed to trial.