Who is responsible for water damage in a condo in Ontario?
It depends on where the water came from and what your condo's declaration and standard unit say. In general, the corporation repairs units and common elements after damage, but not improvements beyond the standard unit, and an owner who causes the damage may owe the deductible. This is general information only.
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The starting rule
Ontario's Condominium Act, 1998 section 89 says the corporation shall repair the units and common elements after damage. It does not include improvements made to a unit, and what counts as an improvement is judged against a standard unit for that class of unit. The standard unit is described in a by-law or in the corporation's schedule.
That means a unit's original finishes are generally the corporation's concern, while upgrades such as new flooring, custom cabinets or a finished renovation may be yours to insure.
Who pays the deductible
Section 105 provides that if the corporation's policy has a deductible, the excluded portion is generally a common expense. If an owner, a tenant or an occupant causes the damage to the unit through an act or omission, the lesser of the repair cost or the deductible can be added to that owner's common expenses. A corporation may extend this by by-law. Read your declaration and by-laws.
What to do when water hits your unit
- Stop the damageShut the water off if the source is yours. If it comes from above, notify the property manager.
- Report itTell the property manager and your own insurer.
- Photograph everythingInclude belongings, finishes and the source.
- Get drying startedWet drywall and flooring cannot wait for a liability decision.
- Keep recordsSave readings, invoices and correspondence.
Questions for your property manager
Ask which pipe failed and whose it is, what your standard unit includes, what the corporation's deductible is and whether the board has a by-law about charging back damage. Ask for the answers in writing.
Keep your own unit-owner insurance up to date, since it often responds to improvements and contents.
Getting the unit dry while liability is sorted out
Disputes about who pays can take weeks, but moisture does not wait. We dry condo units in Scarborough towers and townhouse complexes, work with the property manager and your adjuster, and document the loss with photographs and readings. See our basement flooding service in Scarborough and our drying timeline for how long it takes. The assessment is free, and a written scope and price come first. We provide general information; confirm specifics with a lawyer.
Related questions
Do I need my own condo insurance?
Most owners carry unit-owner insurance for improvements and contents, and corporation rules often require it.
Who pays if my neighbour's pipe burst?
It depends on the cause and the declaration. Report it and notify your insurer.
Can I start drying before liability is decided?
Yes, and you should, because delay raises the damage.
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