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Condo Corporation Insurance Rising Sharply in Ontario: Who Pays?

Learn how Ontario condo corporation insurance premium and deductible increases reach owners through fees, assessments and chargebacks, and what you can do.

Real Estate6 min readTSLBy the Treadstone Law Team · OntarioUpdated November 6, 2026
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Key takeaways
  • The condo corporation must insure the units and common elements against major perils such as fire and flood, and how higher costs reach owners depends on your building's documents.
  • A board can raise money through a special assessment added to common expense fees without owner approval, and each owner pays the same percentage as their regular fees, although the governing documents may contain provisions about special assessments.
  • Where an owner's own act or omission causes an insured loss, the lesser of the deductible or the repair cost is charged back to that owner's unit.

You open a notice from your condo board and the numbers have jumped. Maybe monthly fees are going up, maybe there is a special assessment, or maybe a deductible from a water leak has landed on your unit. The explanation given is that the corporation's insurance now costs much more.

This article explains in plain terms what the corporation has to insure, how the cost can reach you, what your own insurance is for, and what options you have if you think the increase is not being handled properly. Every building is different, so your declaration, by-laws and rules matter.

What the corporation has to insure

Under sections 99 and 102 of the Condominium Act, 1998, the condo corporation must insure the units and common elements against major perils such as fire and flood. It must also carry liability insurance for unsafe common areas or machinery, and directors' and officers' insurance is required under section 39.

What a corporation can do when premiums rise, such as how it adjusts its coverage or its budget, depends on its governing documents and the facts, so it is worth confirming with a lawyer or insurance broker. How the corporation pays for the higher cost depends on its budget and its governing documents, and the next section looks at the routes that can reach owners.

The corporation's policy has limits. It 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. What counts as standard for your building depends on your governing documents, so it is worth reading them.

How higher costs can reach you

Condo fees, also called common expenses, pay for things like maintaining the common elements, cleaning, building maintenance, condo management and reserve fund contributions. The declaration sets each unit's share as a percentage, which may vary with unit size. For example, a 5% share of a $1,000 monthly budget is $50.

When the corporation's insurance costs climb, the usual routes to owners are a larger annual budget, which raises fees for everyone according to their percentage, or a one-time charge. A board can levy a special assessment through common expense fees without owner approval, although the governing documents may contain provisions about special assessments. Each owner's share uses the same percentage as their common expense fees.

Deductibles and chargebacks

Higher deductibles can matter as much as higher premiums. The corporation pays the part of an insured loss that falls 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.

SituationWho generally bears the deductible
Loss below the deductible, no owner at faultThe corporation pays, unless a by-law says otherwise
Owner's act or omission causes the damageThe lesser of the deductible or repair cost is charged to that owner's unit
Accidental damage where no one is at faultCan be charged to owners only if a by-law makes them liable

If your building has a by-law on deductibles, read it carefully, because it may reach further than the default rule.

Your own insurance and unpaid charges

The Condominium Act does not itself require owners to carry insurance, but the corporation's governing documents may. Tenants are not legally required to have insurance unless their lease or the governing documents require it. Since the corporation's policy leaves out improvements and personal property, owners generally look to their own policy for those items. Chargebacks for deductibles are a separate matter, so ask an insurance broker what your policy should include and whether it responds to a chargeback.

Do not withhold increased fees or assessments because you disagree with them. A condo corporation automatically has a lien on a unit when the owner does not pay common expenses. An unpaid special assessment also gives the corporation a lien covering the unpaid amount, interest and all reasonable legal costs of collecting it. The lien expires after three months unless the corporation registers a Certificate of Lien, and the owner first gets a Notice of Lien. The corporation can register the certificate if the owner does not pay within 10 days.

If you do pay, the corporation must discharge the lien, and the payoff includes condo fees owed after registration, interest, and reasonable legal fees and the costs of preparing and discharging the lien.

Your options and what to do next

If you want to challenge how costs are being handled, one route is an owner-requisitioned meeting. A requisition must be in writing, state the topics, be signed by owners of at least 15% of the voting units, and be delivered to the board. Tenants cannot sign it, and neither can owners who are 30 days or more in arrears.

Changes to rules follow a set process, and rules must be reasonable and consistent with the Condominium Act, the declaration and the by-laws. The declaration is harder to change: amending it needs 80% of the units to consent, or 90% for changes to cost-sharing proportions, access to common elements or maintenance responsibilities. How all of this applies to your building depends on your situation, so it is worth confirming with a lawyer.

Frequently asked questions

Can the board raise money for higher insurance without a vote of owners?

A board can levy a special assessment through common expense fees without owner approval, although the governing documents may contain provisions about special assessments. Owners can still use the requisition process to call a meeting, if they gather enough signatures.

Do I have to carry my own condo insurance?

The Condominium Act does not itself make owners carry insurance, but the corporation's governing documents may require it. Tenants are not legally required to have insurance unless their lease or the governing documents say so. Even if it is not required, the corporation's policy does not cover improvements or personal property.

Who pays the deductible when there is a leak in my unit?

The corporation pays the part of an insured loss below its deductible, but 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.

What happens if I refuse to pay an increased fee or assessment?

The corporation automatically has a lien on the unit when common expenses are unpaid, and an unpaid special assessment also gives it a lien for the amount, interest and reasonable legal costs. If you pay, the corporation must discharge the lien.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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