#3371
Dawn Mitchell
Participant

To give a proper answer would need to review bylaws and current coverage.

If this is a conventional condominium (and I suspect that it is), the Corporation is required to repair any insured property if the damage is due to an insured peril. Then, if the bylaws allow, they can collect the deductible back from the Unit Owner. This is the maximum amount an Owner can be held responsible for.

Section 47 (1) (a) of the Act places the responsibility to insure Units and Common Property on the Condominium Corporation.
Section 47 (6) indicates that any coverage placed by the Corporation is the first policy to respond and any coverage placed by the Owner of a Unit is deemed to be excess coverage.

Please remember, the insurance policy is purchased by the Corporation for the protection of the members of the Corporation. As a Unit Owner is a member – and contributes to the insurance premium by way of their contributions – they are entitled to the protection of the policy.

Should a Corporation not want to put a claim through – and they are certainly entitled to that option – it does not alleviate them of the responsibility of repair.

Hope this is of some assistance.
Dawn Mitchell, FCIP, CRM, CAIB, ACCI
Hub International.