Damage to Condo Owner Property from Leaking Roofs Including Leaking Parkades- IT’S ALL THE SAME!

DAMAGE TO CONDO OWNER PROPERTY FROM LEAKING ROOFS OR PARKADE COVERS, IT’S ALL THE SAME!

Condo owner shouldn’t have to pay for damage from leaky roof: Hyman

By: Condo Law Columnist, Published on Sat Mar 05 2016

Shortly after I reported a leak in the roof at our townhouse complex — in a common area — the board says it was fixed. But the rainfalls that followed resulted in a major leak through my unit’s ceiling and walls. Eventually the corporation got the roof repaired. But I was told that, if I wanted them to repair the inside of my unit, I must pay the $2,500 deductible under the corporation’s insurance. They then said they’d pay only a small portion of the roof repair cost, and I must pay the balance of $7,500. Can they make me pay all that money for damage that I had nothing to do with?

It is difficult to figure out why the corporation believes you are responsible for the cost of the damage up to the amount of the deductible under the corporation’s insurance policy.

The Condominium Act provides that the corporation is responsible for the deductible unless you or someone residing in your unit was responsible for the damage. That would not appear to be the case. If you are not responsible for the roof failure, the costs of the common element roof repairs are the obligation of the corporation and the board cannot maintain that you are responsible for some or all of those costs.

Further, it appears that the damage to your unit resulted from a failure to carry out necessary repairs to the roof within a reasonable time after the corporation became aware it was required in accordance with the Condominium Act. If that is the case, the corporation could be required to reimburse you for all costs you incurred resulting from the board’s breach of the act.