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  • in reply to: No common property involved #3377
    Dawn Mitchell

    Hi Terry, for a non bareland Condominium, as per Section 47 (1)(a) of the Act, the Corporation must place and maintain property coverage on the Units and the Common Property. For example, should there be a fire in a unit, which damages counters, walls, floors, and stove, the Corporations policy would respond to repair the damages to everything EXCEPT the stove.

    in reply to: No common property involved #3371
    Dawn Mitchell

    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.

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