Is a condominium unit owner liable for the cost of repair costs incurred by the condominium corporation as a result of poor maintenance of the fixtures in the unit?
Ontario, Canada
The following excerpt is from Lozano v. TSCC No. 1765, 2020 ONSC 4583 (CanLII):
The case law is clear on this point. Although owners must act reasonably in the maintenance of their units, an unforeseen incident will not absolve a unit owner of their financial responsibilities towards repair costs. In Chai v. York Condominium Corporation No. 325, 2009 CarswellOnt 8984, the unit owners failed to maintain fixtures in the unit and “winterize” the box window air conditioner, both of which led to flooding and associated damage. The unit owner was held liable for the cost of repairs up to the insurance deductible.
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