Who is responsible for maintaining the balcony in an Ontario condo — the owner or the corporation?
Balcony maintenance responsibility in an Ontario condominium depends entirely on how the balcony is classified in the declaration and what maintenance obligations the declaration assigns.
Balconies are typically limited common elements — part of the common elements designated for the exclusive use of one unit. Under the Condominium Act, 1998, the corporation is generally responsible for maintaining the common elements, including limited common elements. However, the Act also allows the declaration to assign maintenance of some limited common elements to the owner. Many declarations assign responsibility for balcony cleaning, maintenance of balcony doors and windows from the interior, and keeping the balcony clear of damage-causing debris to the unit owner.
The structural integrity of the balcony — the concrete slab, waterproofing membrane, railings as structural elements — typically remains the corporation's responsibility even where the declaration assigns surface maintenance to the owner. If there's a dispute about who must pay for a balcony repair, the declaration language governs, and a condo lawyer can help interpret it.
Key takeaways
- Balconies are usually limited common elements maintained by the corporation by default.
- Declarations can (and often do) assign some balcony maintenance obligations to the unit owner.
- Structural repairs typically remain the corporation's responsibility.
- Read the specific declaration language if a dispute arises about balcony repair costs.