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
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.
If you would like more information about your rights and responsibilities as
a condominium owner, how condominiums are run, and how to work with a
condominium board, click here.
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 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.
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:
Click here to register.