Can a Condo Corporation Charge You Back for Water Damage From Your Unit in Ontario?
Yes, in many cases: if your own act or omission causes water damage, the corporation can charge you back, though the amount depends on the insurance deductible and your building's by-laws. The corporation must insure the units and common elements against major perils such as fire and flood. It pays the part of an insured loss below its deductible. Where an owner's own act or omission causes the damage, the lesser of the deductible or the repair cost is charged back to that owner's unit.
A by-law can make owners liable in more situations, such as accidental damage where no one is at fault. So a leak that was nobody's fault could still be charged to you if your by-laws say so. Read your by-laws to see which rule applies.
Your own coverage matters here. The corporation's policy does not cover improvements or non-standard parts of a unit, and fixtures, furnishings, equipment and personal property are not part of a standard unit. The Condominium Act does not itself make owners carry insurance, but the governing documents may. Damage to a neighbour's unit raises separate questions, so talk to your insurer or a lawyer early.
Key takeaways
- The corporation must insure the units and common elements against major perils such as fire and flood.
- The corporation pays the part of an insured loss below its deductible.
- If your own act or omission causes the damage, the lesser of the deductible or the repair cost is charged back to your unit.
- A by-law can make owners liable in more situations, such as accidental damage where no one is at fault, so read yours.