- Plumbing is generally part of the standard unit, and corporations are generally responsible for repairing standard unit elements, but governing documents can change that.
- Your corporation's governing documents define the standard unit, so your own document decides the answer for your pipe.
- Upgrades and non-standard parts of your unit are generally your responsibility to insure and repair.
- If an owner, tenant or resident causes damage, the corporation must charge back the lesser of the repair cost and its insurance deductible.
You notice a drip under the sink, a stain on the ceiling or a drain that will not clear. Before you call a plumber, you want to know whether the condo corporation will handle it or whether the bill is yours.
There is no one-line answer, because the split depends on how your building defines the unit you own. This article explains the general approach in Ontario, the points that change the answer, and what to check in your own documents.
The starting point: the standard unit
Condo corporations are generally responsible for repairing damage to common elements and to standard unit elements. Section 90 sets how maintenance obligations are divided, and a building's governing documents can alter that division.
The governing documents define what counts as the standard unit. Anything outside that definition is an improvement, and the owner repairs improvements. Where a corporation has no standard unit by-law, it must use the declarant's standard unit definition schedule.
Walls, doors and plumbing are generally part of the standard unit. That is why plumbing problems are often the corporation's responsibility. The word generally matters, though. Your declaration or by-laws may say something different for your building.
What is usually the corporation's and what is usually yours
| Item | General position | Source of the answer |
|---|---|---|
| Plumbing | Generally part of the standard unit, so generally repaired by the corporation | Your declaration and standard unit definition |
| Walls and doors | Generally part of the standard unit | Your declaration and standard unit definition |
| Appliances and flooring | Generally owner improvements | Your standard unit definition |
| Fixtures, furnishings, personal property | Generally not part of a standard unit | Your standard unit definition |
| Renovations and alterations | Standard unit definitions generally exclude them, so the owner repairs them | Your standard unit definition |
A clogged drain is a good example of why you should check your documents. Whether the blockage is in a pipe the corporation maintains or in something you installed or caused can change who pays. The general rules above do not settle every drain, so read the wording for your building or ask a lawyer to read it with you.
Upgrades, renovations and insurance
The corporation's property insurance does not cover improvements or non-standard elements of units. The owner is responsible for insuring and repairing them. If you replaced a standard faucet with a custom fixture, or rebuilt a bathroom, the new work may fall on your side of the line.
The CAO advises owners to take out their own property insurance, including cover for unit upgrades, personal belongings and non-standard parts of the unit. Your governing documents may require it. Whether the law itself requires owner insurance is a different question, and your documents or your mortgage lender are the usual places a requirement shows up, so check both.
- Corporations must keep insurance against major perils, including fire and water leaks.
- Corporations must insure against damage to units and common elements.
- Your own policy is what typically responds for upgrades and belongings.
Leaks, deductibles and chargebacks
Many plumbing problems turn into insurance claims. Owners are generally responsible for their own deductibles unless they or their guests damage common elements through direct action or negligence. A by-law can extend owner responsibility for the corporation's deductible, including where no one is at fault.
If an owner, tenant or resident causes damage, the corporation must charge back the lesser of the repair cost and the corporation's insurance deductible. Deductibles can range from a few hundred dollars to tens of thousands. When an owner and the corporation both claim for the same damage, each usually pays its own deductible.
Who is at fault for a leak into a neighbour's unit depends on the facts, the declaration, the Act and general law. If water from your unit damaged another unit, or the reverse, get advice early and notify your insurer.
If you disagree with a charge
The Condominium Authority Tribunal handles chargebacks only where the underlying issue is within its jurisdiction, such as nuisance, parking, pets or condo records. Most repair and damage chargebacks go to mediation, arbitration or the Superior Court of Justice.
Compliance costs such as legal letters cannot be charged back without Tribunal or court permission. Do not ignore a charge you dispute, though. Unpaid common expenses can lead to a lien, and costs caused by an owner can be charged back to that owner. Raise your objection in writing and get advice before the amount grows.
What to do next
- Stop the water if you safely can, and tell the property manager right away.
- Take dated photos and keep any damaged items for inspection.
- Find your declaration and any standard unit by-law or schedule, and read how plumbing is defined.
- Notify your own insurer promptly, especially if a neighbour's unit may be affected.
- Ask the corporation in writing whether it treats the repair as its responsibility, and ask for the reason.
- Keep every invoice and email, and get legal advice before paying or refusing a large chargeback.
Frequently asked questions
Is a leaking pipe inside my wall the condo's responsibility?
Plumbing is generally part of the standard unit, and corporations are generally responsible for repairing standard unit elements. Your governing documents can change that split, so check how your building defines the standard unit.
Who pays if I renovated my bathroom and a pipe fails?
Standard unit definitions generally exclude alterations and renovations, and the corporation's insurance does not cover improvements. The owner is generally responsible for insuring and repairing them, but the answer depends on your building's documents.
Can the condo charge me for a repair?
If an owner, tenant or resident causes damage, the corporation must charge back the lesser of the repair cost and its insurance deductible. Owners are also generally responsible for their own deductibles.
Where do I take a dispute over a plumbing chargeback?
The Condominium Authority Tribunal only handles issues within its jurisdiction, such as nuisance, parking, pets or records. Most repair and damage chargebacks go to mediation, arbitration or the Superior Court of Justice.
Sources
- Condominium Authority of Ontario (CAO) — condoauthorityontario.ca
- Condominium Authority of Ontario (CAO) — condoauthorityontario.ca
- Condominium Authority of Ontario (CAO) — condoauthorityontario.ca
- Condominium Authority of Ontario (CAO) — condoauthorityontario.ca
- Condominium Authority of Ontario (CAO) — condoauthorityontario.ca
- Condominium Authority of Ontario (CAO) — condoauthorityontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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