- A new condo purchase carries statutory warranty coverage in two separate streams: - Unit warranty — covers defects inside your own unit (finishes, fixtures, systems specific to your space).
- Generally, if the defective item is part of what every owner shares — rather than something located inside and specific to your unit — it falls under the common elements stream.
- Because common elements are owned and maintained collectively, an individual unit owner generally doesn't have standing to submit a common elements warranty claim on their own.
A new condo owner who spots a crack in the hallway ceiling, a leaking parking garage, or a malfunctioning elevator often assumes the fix works the same way as a problem inside their own unit — file a warranty claim, wait for the repair. It doesn't. Ontario's statutory new-home warranty framework, administered by Tarion, treats defects in shared building elements very differently from defects inside an individual unit, and the claimant is a different party entirely.
Understanding that distinction matters because filing (or not filing) the right claim, through the right party, affects whether a real problem actually gets addressed.
Two Warranties, Two Claimants
A new condo purchase carries statutory warranty coverage in two separate streams:
- Unit warranty — covers defects inside your own unit (finishes, fixtures, systems specific to your space). You, as the individual owner, are the claimant.
- Common elements warranty — covers defects in the building's shared elements: hallways, lobbies, roofs, exterior walls, elevators, parking structures, shared mechanical systems, and similar. The condominium corporation — not individual owners — is the claimant.
This split exists because common elements belong to, and are the legal responsibility of, the condo corporation as a whole, not any single unit owner. Tarion's process follows that same structure.
What Counts as a "Common Element" Defect
Generally, if the defective item is part of what every owner shares — rather than something located inside and specific to your unit — it falls under the common elements stream. Examples that typically fall on the common elements side include:
- Roof and building envelope issues
- Structural elements
- Elevators and mechanical rooms
- Shared HVAC and life-safety systems
- Common hallways, lobbies, and amenity spaces
- Underground or structured parking
A defect that's purely inside your unit's walls — your own flooring, your own appliances, finishes specific to your space — is a unit-warranty matter instead.
Why You Can't Personally File a Common Elements Claim
Because common elements are owned and maintained collectively, an individual unit owner generally doesn't have standing to submit a common elements warranty claim on their own. That's the corporation's role, acting in practice through its board and property management. This isn't a technicality designed to shut owners out; it reflects who actually holds legal responsibility for the shared parts of the building.
If you notice a common elements problem, the right step is to report it to your board or property manager so the corporation can pursue it, rather than trying to file a claim on your own that Tarion may not accept.
How the Corporation Pursues a Common Elements Claim
Condo corporations typically engage a professional, often an engineer, to help document common elements deficiencies and manage the warranty claim process on the corporation's behalf, particularly around the building's turnover from builder control to an owner-elected board. The specifics of timing and process for any given building depend on the corporation's own governance and the stage the building is at — this isn't something a general article can map out reliably for your specific building.
The Structural (Year 7) Piece
Ontario's new-home warranty framework includes a longer coverage period specifically for major structural defects, commonly described as Year 7 protection. Because structural issues — the building envelope, load-bearing elements — are almost always common elements rather than unit-specific, this longer period is particularly relevant to the common elements warranty stream. It's worth remembering this isn't blanket seven-year coverage of everything; it's aimed at major structural problems specifically.
What You Can Do as a Unit Owner
- Report common elements concerns to your board or property manager in writing, and keep a copy.
- Ask whether the corporation has already flagged the issue as part of its own warranty process.
- If you believe the corporation isn't pursuing a legitimate common elements claim, that's a governance question worth raising at an owners' meeting or with a lawyer, separate from the Tarion claim itself.
- Continue to use your own unit warranty for anything genuinely inside your unit, on its own track.
Frequently asked questions
My unit and a common element seem to have the same underlying problem — who claims it?
This can happen, such as a leak from a common roof damaging your unit's ceiling. Both streams may be relevant, and coordinating them properly matters. This is a good scenario to get a lawyer's help identifying which claim goes where.
What if the condo corporation isn't taking action on a common elements defect I've reported?
Start by asking, in writing, what the corporation's plan is. If a legitimate common elements defect isn't being pursued, this becomes a broader governance issue that may be worth raising formally with the board or getting legal advice on.
Does the common elements warranty cover normal wear and tear?
No. Statutory new-home warranties are aimed at construction defects, not the ordinary wear and maintenance that any building experiences over time. What counts as a defect versus normal deterioration can itself be a genuine point of dispute.
Is HCRA involved in common elements warranty claims?
No. HCRA licenses and regulates builders and vendors; Tarion administers warranty claims, including common elements claims. They're separate organizations with separate roles.
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