LEGAL CASES SPOTLIGHT MAINTENANCE AND REPAIR OBLIGATIONS T he r e i s no d o u bt t h at a
BY SONJA HODIS
condominium corporation has maintenance and repair obligations; however, the extent of those obligations is often debated and results in a court dispute to be decided by a judge. Maintenance and repair obligations of both owners and condo corporations are defined in the Condominium Act, which sets out the minimum default obligations. These default obligations can be redefined by a condominium’s declaration. As such, when examining the extent of the corporation’s obligations, in terms of
maintenance and repair, one must look to sections 89 to 92 of the Act and then your specific declaration. However, to fully understand the repair and maintenance obligations of a corporation it is always helpful to look to the courts as well, to see how they have interpreted and defined these obligations.
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Here are three cases over the last year which shed some light on what condos should and should not be doing to fulfill their maintenance and repair obligations. The Court in Berman v. YCC No. 99 (Oct 2021) dealt with the issue of the reasonable expectation of owners regarding maintenance and repair of common
