- The performance audit must be done between 6 and 10 months after registration, with the report reaching Tarion before the end of the 12th month.
- The condominium corporation hires and pays the auditor, who must be a professional engineer or architect.
- After the audit, the builder has an 18-month repair period for warrantable items.
- The corporation's designate updates the Performance Audit Tracking Summary every 90 days.
When a new condo building is turned over to its owners, the common elements are new but not necessarily flawless. Water getting in, fire safety gaps and other deficiencies can show up only after the building is lived in. The performance audit is the structured way the corporation finds and records them while the builder's warranty obligations are still running.
If you sit on a new board, or you are an owner wondering what the board is doing, this article explains what the audit covers, the timeline, who pays, and what happens afterwards. Details of a specific building's warranty claims depend on its documents, so a lawyer can confirm your position.
What the performance audit is
The audit is a comprehensive inspection of a new condo's common elements for deficiencies such as water penetration or fire safety. It is not a quick walk-through. The auditor reports on the building's condition so the corporation can raise warrantable items with the builder.
Common elements are the shared parts of the building rather than the inside of individual units, so this audit looks at the shared structure, systems and spaces.
The timeline
| Step | Timing |
|---|---|
| Audit carried out | Between 6 and 10 months after registration |
| Report and Performance Audit Tracking Sheet reach Tarion | Before the end of the 12th month after registration |
| Builder's repair period begins | At the first anniversary of registration |
| Repair period length | 18 months |
| Tracking Summary updates | Every 90 days |
Missing these windows can cause problems, so a new board should put the dates in its calendar early. Confirm the exact dates against Tarion's current requirements.
Who does the audit and who pays
The condominium corporation hires and pays the performance auditor. The auditor must hold a certificate under the Professional Engineers Act or the Architects Act.
Because the corporation pays, the cost is a corporate expense, and owners generally share corporate expenses through their condo fees according to their percentage. Check that the first budget allows for the cost.
What happens when deficiencies are found
After the audit, the builder has an 18-month repair period starting at the first anniversary of registration to resolve warrantable items. The corporation's designate updates the Performance Audit Tracking Summary every 90 days.
In practical terms, the tracking summary is the running list showing which items have been reported, which have been fixed and which remain open. Keeping it current helps the corporation show what is outstanding as the repair period runs.
Which items count as warrantable and what remedies exist if a builder does not repair depend on Tarion's rules and the facts. A lawyer can review a specific dispute. Note also that the Condominium Authority Tribunal cannot hear repair and maintenance disputes.
A checklist for new boards and owners
- Record the registration date and calculate the 6 to 10 month audit window.
- Hire an auditor who holds a certificate under the Professional Engineers Act or the Architects Act.
- Make sure the report and Tracking Sheet reach Tarion before the end of the 12th month.
- Assign a designate to update the Tracking Summary every 90 days.
- Diarize the first anniversary and the end of the 18-month repair period.
- Keep photos, correspondence and repair records for each item.
What to do next
If you are an owner, ask the board when the audit is scheduled, who the auditor is and where to see the tracking summary. Report problems you notice in shared areas, such as leaks, so they can be recorded.
If you are on the board, get legal advice early on the audit scope, the builder's responses and the repair period deadlines. Acting within the windows matters more than catching up later.
Frequently asked questions
When must the performance audit be done?
It must be done between 6 and 10 months after registration. The report and a Performance Audit Tracking Sheet must reach Tarion before the end of the 12th month after registration.
Who pays for the performance audit?
The condominium corporation hires and pays the performance auditor. Corporate costs are generally shared by owners through condo fees.
Who can carry out the audit?
The auditor must hold a certificate under the Professional Engineers Act or the Architects Act. The audit is a comprehensive inspection of the common elements.
How long does the builder have to fix problems?
The builder has an 18-month repair period starting at the first anniversary of registration to resolve warrantable items. The corporation's designate updates the tracking summary every 90 days.
Sources
- Condominium Authority of Ontario – Common Expenses — condoauthorityontario.ca
- Condominium Authority of Ontario – The Tribunal's Jurisdiction — condoauthorityontario.ca
- Tarion – The Performance Audit — tarion.com
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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