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Leak Investigation – What you need to know

April 17, 2025/in Uncategorized

Spring is here! And while the warmer weather and sunny days bring most of us much joy it means that spring showers are also here. Leaks in your condominium can cause significant damage if not properly addressed. Whether it’s a slow leak or an unexpected flood, knowing how to prevent and deal with leaks can minimize your risk.  

Understanding some of the common causes of water infiltration is the first step in establishing an informed plan. Some common causes of water infiltration include: 

  1. Aging Building Components – Over time as your waterproofing components age they become more susceptible to leaks. Membranes on roofs and balconies age and experience wear from the environment and foot traffic. Caulking around windows can dry out and crack from UV rays. 
  2. Faulty Installation or Construction – While constructors take reasonable precautions to ensure that work is installed correctly, errors in construction can result in leaks. The Tarion warranty program does manage risks in newer buildings, but errors and leaks must be identified within the timeframe set by Tarion to qualify for warranty coverage. 
  3. Missed Maintenance – Regular inspection and maintenance are crucial to ensuring that the building systems are functioning as intended and allowing for planned replacements as the components age. Neglecting regular maintenance and inspections can allow minor problems to develop into major issues, such as clogged roof drains. 

So what can be done to minimize these risks? Following a few simple mitigation strategies can help a condominium limit the potential for future leaks: 

  1. Regular Maintenance & Inspection – Conducting routine maintenance and inspection can reveal issues before they are able to grow. The cost of routine maintenance is often a fraction of the cost to repair a leak, not to mention the impact it can have on your insurance premiums. Consider annual roof inspections by a qualified roofer, balcony and façade inspections every 5 years, and have your drains cleaned at least twice annually.  
  2. Plan End of Life Replacement – As building components age, their ability to prevent leaks may diminish. Planning for the eventual replacement of the building components and waterproofing systems as they age reduces unforeseen costs. Your reserve fund will identify typical building component lifespans. Take a closer look at these components as your project approaches to narrow down pricing and timing of your work.  
  3. Proper Design, Installation, and Review – Once work is planned, make sure you have the right team of designers, installers, and inspectors to get the job done right. Don’t leave it up to chance – protect your investment and hire quality service providers who have a proven track record. 
  4. Raise Awareness – Educating residents and board members on the importance of promptly reporting leaks or signs of infiltration, as well as regular check-ins if they are planning on being away. Damage from water infiltration increases the longer it goes unresolved.  

Even with good strategies in place, leaks can happen. Chasing a quick fix can cost you a lot of time, money, and headaches. So, make sure you get the right team in place to identify the root cause of the leak. This could involve water testing, thermal imaging, and exploratory openings among other strategies. Identifying the root cause allows for a cost-effective repair in the short term and a well-planned strategy for long term replacement. 

Condominium leaks are not just a nuisance—they can cause significant damage if not properly addressed. By understanding the common prevention strategies, condominium managers and owners can work together to reduce these risks. Preventing leaks is a proactive approach that pays off by reducing damage and protecting your investment. 

Written by: Jeffrey stevens, Project Engineer RJC Engineers.

https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg 0 0 JD McCann https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg JD McCann2025-04-17 09:29:342025-04-17 09:29:49Leak Investigation – What you need to know

Part 2: To Chargeback or Not to Chargeback? The Legal Perspective

April 3, 2025/in Uncategorized

ii. The Condominium’s Governing Documents
The second category of chargebacks are those found in a condominium’s declaration or by-laws. Many declarations contain an “indemnification” clause which permits a condominium to chargeback costs to a violating unit owner. These provisions typically begin with wording along the lines of, “Each owner shall indemnify and save harmless the corporation against any loss, costs, damage or injury caused to the common elements…”. These provisions can assist condominiums in recouping costs from an owner where the owner damaged the common elements or property of the condominium. While these indemnification provisions are common in newer condominiums, they are often absent in older ones. It is important that boards and property managers review the governing documents to ensure there are appropriate indemnity clauses.

iii. Enforcement Costs
The third category is that of enforcement costs, often being the legal and other administrative costs which are incurred by a condominium in enforcing its declaration, by-laws, or rules as against a violating owner. The two cases referenced in the introduction to this article, being Amlani and Rahman, have cast doubt on the enforceability of chargebacks for enforcement costs alone, and there is still much debate on whether these costs can be charged back and become the subject of a lien under section 85 of the Act. The validity of such chargebacks can depend on a number of factors including the specific wording of the indemnification provisions of the condominium’s governing documents, and whether the Act requires that the underlying dispute first be adjudicated through mediation/arbitration, the Superior Court of Justice, or the Condominium Authority Tribunal (the “CAT”).

Conclusion
To answer the question ‘to chargeback or not to chargeback,’ each circumstance requires a review and that the board or manager ask themselves:

  1. Is this chargeback supported by the Act?
  2. Is this chargeback supported by this condominium’s governing documents?
  3. Does this chargeback first require the resolution of the underlying dispute?

If the chargeback can be sorted into one of these three categories and the appropriate procedure followed in each case, then condominiums can avoid, or limit, the sea of troubles Hamlet warned about.

Chargebacks, and potential liens for such, can be ambiguous and can come with strict timelines under the Act. If there is any ambiguity, it is important to seek the advice of your favourite condominium lawyer before steps are taken which may impact the validity of any chargeback or lien. Sorting out which category your condominium’s chargeback falls into is the first step to determining how to appropriately proceed.

*The content of this article is intended to provide a general guide to the subject matter and is not legal advice. Specialized legal advice should be sought regarding your specific circumstance.

Written by: Chris Mendes, Condominium Lawyer

https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg 0 0 JD McCann https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg JD McCann2025-04-03 15:17:382025-04-03 15:25:00Part 2: To Chargeback or Not to Chargeback? The Legal Perspective

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