For most condominiums, warranty coverage also includes the shared areas of the building, referred to as the common elements. If eligible, the maximum coverage for common elements is the lesser of $50,000 times the number of units or $2.5 million. There is no warranty coverage for the common elements of either a common elements condominium or vacant land condominium.
Common elements warranty coverage begins on the date the condominium corporation is registered. For more information about what is and is not covered under the statutory warranty for common elements, please consult the Common Element Construction Performance Guidelines
If you are not sure of what the boundaries are between your unit and the common elements, refer to your Disclosure Statement or your registered Declaration and Description.
The Common Elements Warranty Process
The process for making common elements warranty claims is outlined in detail in Builder Bulletin 49.
The Ontario New Home Warranties Plan Act recognizes the condominium corporation as the "owner" of the common elements and requires the condominium corporation to make warranty claims to Tarion. In most cases, the Board of Directors will appoint a designate to manage the common elements warranty on behalf of the condominium corporation. This includes making statutory warranty claims to Tarion for the common elements and abiding by the required timelines.
The Performance Audit
The Condominium Act requires that a performance audit of the common elements be conducted between six and ten months following the registration of the condominium. The audit determines whether there are any deficiencies in the common elements. The audit is conducted by either an engineer or architect that is retained by the condominium corporation. If a defect is identified, the condominium corporation's representative should ensure that the performance audit is submitted along with the appropriate warranty form to Tarion to begin the warranty process.
Similar to the warranty on condominium units, the builder has a specified time to repair the common element items under warranty. If the builder does not repair or resolve all warranted items listed on the form during the initial repair period, the condominium corporation may contact Tarion and request a conciliation inspection to determine whether the items are warranted. If there are any items Tarion determines to be covered by the warranty, it is the builder's responsibility to correct them. If the builder does not complete the repairs in a specified time period, Tarion will work directly with the condominium corporation to resolve the remaining warranted items.
Managing the Common Elements Warranty with MyHome
MyHome is an online service that also makes it easier for condominium corporations to manage the common elements warranty claims process. If you are the condominium corporation's designated representative, we encourage you to register and take advantage of all the benefits MyHome has to offer:
- Quickly submit warranty forms and condominium documents;
- Receive e-mail reminders for important dates and warranty timelines;
- Access the Performance Audit Tracking Site to update the Performance Audit Tracking Summary;
- Receive electronic correspondence instead of paper; and,
- Enhance your ability to communicate electronically with Tarion.