Transcript Keeping your community in good repair

Keeping your community
in good repair
CCI – Golden Horseshoe Chapter
Level 200 Course (Kitchener)
October 25, 2008
Presented by
Michael H. Clifton, MA, LLB, ACCI (Law)
Partner, Clifton Kok LLP
3 Subjects in 1.5 hours
Repair and Maintenance Obligations
 The Standard Unit Definition
 Changes to the Common Elements

Repair & Maintenance

Repair after Damage:
Section 89(2)
“The obligation to repair after damage includes
the obligation to repair and replace after damage
or failure…”

Maintenance:
Section 90(2)
“The obligation to maintain includes the obligation
to repair after wear and tear but does not include
the obligation to repair after damage.”
Repair & Maintenance

Who bears which obligation?
1. To maintain the unit
1. To repair the units after
damage
2. To repair common elements
after damage
3. To maintain the common
elements
4. To do any repairs after
damage for which a unit
owner is responsible but fails
to do in a reasonable time
Repair & Maintenance

What the declaration can change
1. To repair the unit after
damage
2. To maintain the common
elements or any part of them
3. To maintain and repair after
damage “exclusive use”
common elements
1. To maintain the units or any
part of them
Repair & Maintenance

What the declaration cannot change
1.Unit owner to repair non-exclusive use
common elements after damage
Standard Unit

What the standard unit is not
1. A description of unit boundaries
2. A change to the unit boundaries
3. Anything whatsoever, under any
circumstances, regardless of
anything that might be or appear to
be written in your condominium
documents, to do with the common
elements
Standard Unit

What the standard unit is
1. A division of the unit components
into “standard” items and
“improvements”
Standard Unit

What the standard unit is for
1.
obligations
2. It defines insurance
the scope of
repair (after
damage) obligations
- The condominium corporation only
thebears
“standard”
unit
-insures
whoever
the obligation
to
components.
repair the unit after damage, repairs
the “standard” unit components.
- The unit owner only insures the
“improvements”
- The unit owner.repairs the
“improvements” .
Standard Unit

Sources of a Standard Unit Definition
Standard Unit

Sources of a Standard Unit Definition
1. The
4.
7.
Board
A
copy
by-law
considers
of the
becomes
proposed
and effective
approves
by-lawon
is
a the
draftitdefinition.
included
day
is registered
in the notice
on of
title
meeting.
to each of
the units.
2. A
5.
Board
motion
proposes
is madeby
toresolution
approve the
to bymakeand
law,
a by-law
discussion
containing
follows
theuntil the
definition.
meeting
chair calls for a vote.
3. If
6.
Board
the owners
calls a of
meeting
a majority
of unit
of the
owners
for thevote
units
purpose
in favour,
of presenting
the by-law(and
is
hopefully passing the by-law).
passed.
Standard Unit

What if there is no Standard Unit Definition?
Everything in the unit is “standard”;
there are no “improvements”
What to do when
damage occurs…
1. Has the damage occurred to a part of the
unit, or to a part of the common elements?
IMPROVEMENT
STANDARD
CHECK
The Unit
THE
owner
DECLARATION
is solely
2.responsible
Did it occurfor
to its
a part
of the
repair
standard unit, or to an
Condominium
The
Unit ownercorporation
is solely
improvement?
remains
solely
responsible
responsible
to insure
it
to insure it
What to do when
damage occurs…
Section 105 of the Act
Basic Provision:
Extended by By-law:
If owner, or owner’s
resident or guest, causes
the damage to owner’s
own unit, then owner
must pay the up to the
deductible amount on
account of repairs insured
by the corporation
-
owner’s responsibility for
deductible amount
extends to all damage to
unit provided the condo
corporation (its officers,
employees, agents, etc.)
do not cause the damage
-
add to common expenses
What to do when
damage occurs…
1. Has the damage occurred to a part of the
unit, or to a part of the common elements?
Condominium corporation
REGULAR
CHECK
THE
DECLARATION
is solely
responsible
to
2. Did it occur to a regular
insure it
common element, or to an
exclusive use commonCondominium corporation
EXCLUSIVE USE
remains
solely responsible
is solely responsible
to
element?
to
insure
it damage
repair
after
Changes to the
Common Elements

By the Corporation

By the Unit Owner
Changes to the
Common Elements

By the Corporation
1. Upgrades necessary to complete
repair or maintenance obligations
2. Changes that are required by law, for
safety or have a minimal cost
3. “Substantial” changes
4. Something in-between
Changes to the
Common Elements

By the Unit Owner
3. IF EXCLUSIVE USE COMMON
ELEMENTS, Board assesses key
Unit
owner
asks
for enter
4.
theowner
change
is
theboard
type that,
if made
5.1.If
Unit
and
corporation
points
before
approving:
permission
to make
theregistered
proposed
by
the
corporation,
would
require a
into
an
agreement,
to
be
1. No adverse effect on
4. If a structural change to
change
owners
and/or
on
titleto
tounit
the Unit,
governing
othernotice
units
anyathe
building, will not
meeting
and voteproposal
of approval,
these
repair,
maintenance,
insurance
and
affect
structural integrity,
2.
Board
reviews
at
a
meeting
2. No cost
to
the
conditions
must
be met.
ownership
of
thealso
changed
common
per
engineer’s
certificate
and,
by
resolution,
approves
it
corporation
element.
(or not)
3. Will not detract from
appearance of other units
or buildings
5. Will not contravene any
other requirements
prescribed by regulation.
Considerations about
Section 98 Agreements
Can be Prospective as well as
Retrospective
 Can include more than one unit
 Can include more than one
improvement

(in fact, it can include all by including none)

If prospective, should expressly not
include permission for any change
Thank you
Any questions?
Or is it time for our break
already?