Who is responsible for warranty defects in a condo building's common areas?

In a new condominium building, Tarion's warranty applies not only to individual units but also to the common elements — the lobby, elevators, parking garage, roof, exterior cladding, and other shared spaces. However, for common elements, it is the condominium corporation (not individual unit owners) that has the right to make warranty claims with Tarion.

The condominium corporation's board of directors is responsible for identifying common-element defects and filing claims within the applicable warranty periods. Newly registered condo corporations often perform a common-element warranty inspection — sometimes called a "performance audit" — near the end of the first year to capture defects before the one-year window closes.

As a unit owner, if you notice a common-element defect, report it promptly to your condo corporation's board or property manager in writing. Keep a copy of your report. The board may not be aware of every issue and timely reporting ensures it can be included in a Tarion claim before the relevant window expires.

Common-element warranty disputes follow a similar conciliation and LAT appeal process as individual unit claims, but the corporation acts as the claimant. Condo owners can attend board meetings and engage the board to ensure warranty rights are being pursued actively.