Part 2 published on 01/05/03
Owner complaint about air infiltration.
The plaintiff complained that defects resulted in excessive air infiltration into the unit.
After hearing from the experts involved, the court concluded that, although there was some cold air seeping into the units, the problem did not require the extensive renovations that had been undertaken by the owner (which had involved the demolishing and eventual reconstruction of the walls). The court allowed the claim, but awarded damages in the amount of $3,500.00 (instead of the $50,000.00 claimed).
The owner was simultaneously ordered to pay the Condominium Corporation the sum of $5,350.00 related to the replacement of windows in the unit (carried out by the Corporation). The Condominium Corporation was also awarded recovery of arrears of common expenses (owed by the owner) as well as costs and interest.