aviography

Question for those in the know:

If significant water damage occurs within a condo unit, in this case a townhouse with monthly maintenance fee, and the cause of the damage is due to either failure of the pipe material or due to improper installation when the condo was first built about 8 years ago, would the insurance policy held by the condominium board be responsible for the repair? Or does this fall squarely on the home owner insurance of the condo unit owner?

Note this was NOT due to frozen pipe, the condo never lost power, the pipe is the one under the kitchen sink leading to the sink tap.

This just happened to a close family member the last couple of days, so I thought to solicit some useful inputs from you folks.

Many thanks in advance.

Adamant1971

I would first look into tarion if it was purchased new, if so they we'll go to bat for you.

http://www.tarion.com/

997_Toronto

I live in a similar type of unit downtown, from my personal opinion it's a home owners insurance situation.

Tarion does a max of 7-yr warranty even if it was a possibility.

Imo000

Normally the condo association covers extererrior things, this includes doors and windows too. Anything interrior, like the leaking pipe will not fall on them.

69gaugeman

Basically anything inside the walls is the condo association. Once out side the walls it is the homeowner is how I understand it works.

I suppose if you could prove it was an installation error AND you could find the original plumber you could try and sue.

But I am not a lawyer and I slept at home last night.....

theiceman

Actually I think it is the other way around .. anything inside your walls is your insurance .. burst pipe sink overflows .. ( it happend to me .. people upsatirs cat was rubbing itself on the tap and lited it . i cam home to flooded condo .. ) neighbours home ins pays.

Anything outside of your unit walls .. like condo unit roof leaks .. rock comes through the window.. condo assosiation cover it.

Thats is how it was for me in my condo anyway ..

IHATECLAIMS

Every condo has a different condo act which will stipulate what the corp is responsible for and what the owner must deal with. I would push to have the condo corp cover and repair prior to involving your insurance.

Chances are they will fix the issue but have you deal with any upgrades ( tenants improvements) through your insurer.

In most cases the repairs are divided but it really is a case by case basis. If you have all original flooring and no upgrades that you did after closing ( upgrade flooring, wallpaper, etc.) then the repairs should rest solely on your corp.

moab

correct. Condo has an obligation to insure the structure of the building and the common elements. Unit owners are responsible for insuring personal property and any other items that are above what was part of the "standard unit". This concept was introduced in the updated Condo Act that came into force in 1998.

69gaugeman

By inside the walls I meant between the siding and drywall. Once it enters into your domain it becomes your responsibility.

Cuda911

I would tend to think that the general coverage issues are similar in Canada as the US. I had a condo where a contractor doing flooring work on the unit above me cut through a water pipe. He then figured that the best course of action was to then not tell anyone, and install the flooring anyway. I was on vacation at the time and came back to find my unit flooded and moldy. My insurance covered it. They may have eventually subrogated against the owner of the unit above me, not sure. But the association didn't cover it at all.