Act or Omission

January 2024

One obligation of condominium owners is to ensure their unit is well maintained, and not the source of property damage to common areas of the corporation or other units.

When an owner fails in this regard, the corporation may apply a chargeback to the unit owner for repairs.  This is allowed if the corporation is able to establish an “act or omission”.  This refers to an act or omission by the owner that caused or resulted in the damage to common areas or other units.

Condominium owners have an obligation for general maintenance of their unit which can extend to cleaning vents and lint traps, replacing filters, repairing water leaks and caulking windows.  Failure in this regard can result in a small water leak that worsens if unreported or unrepaired, blocked or dirty ducts resulting in a fire, improper renovations, pest infestations, or flooding because of failure to shut off water before going on vacation.

Condominium living is desirable partially because there are fewer home-related maintenance obligations.  It is still necessary to ensure that failure to undertake the fewer obligations that remain do not impact on other units or common areas.