15/11/2024– Jurisdiction Alberta
Part 88 published on 01/12/202
Owners responsible for water damage caused by tenant
Several units were damaged by water escape. A pipe had burst when the tenant of one of the units left the door open in January. The condominium corporation had arranged for the necessary repairs, and had then added the repair costs to the common expenses for that unit. In order to collect, the corporation had registered a lien against the unit and had started foreclosure proceedings. The owners of the unit challenged the claims of the corporation, and filed defences with the Court.
The Court held as follows:
- The Corporation was entitled, under Section 65 (6) of the Condominium Property Act, 1993, to recover the amounts in question by adding those amounts to the owners’ common expenses.
- The owners did not have any reasonable defence, and their defences were therefore struck.
- The condominium corporation was granted leave to apply for an OrderNisi for foreclosure. The precise amount owed by the owners could be determined in that application.