Repairing Common Elements

May 2023

The owner in one community decided to repair a damaged pipe that was leaking rather than wait for building management to undertake repairs.  At the time this seemed prudent to more quickly resolve a water leak that was causing damage.  Soon after, mould began to appear.

The condominium corporation would likely have been responsible for any mould that resulted because of a leak in the pipe.  This changes when an owner undertakes repairs on their own.

The owner of a condominium should not be repairing pipes that are common elements.  While owner-initiated repairs may have prevented further damage, liability for a poorly repaired pipe and resulting damage is less clear and could now reside with the owner.

The corporation could refuse to address the mould remediation because they didn’t handle the repair.  Regardless, the mould issue needs to be addressed to avoid growing health and safety concerns.