The condominium corporation is the owner of the common elements of a condominium project and is responsible for making common element warranty claims to you.
Below is a general overview of the common elements warranty process, which is outlined in full detail in Registrar Bulletin 2.
Note: Vacant land condominiums and common element condominiums are not entitled to statutory warranty coverage.
The condominium corporation may contact you at any time and is encouraged to work with you to resolve warranty items.
Condominium corporations may also submit a standard warranty form made available by Tarion. Alternatively, condominium corporations may submit Performance Audits (within the meaning of the Condominium Act) to you which will be treated as a warranty form.
Below is a list of the standard warranty forms and when they can be submitted by condominium corporations:
- First-Year Common Elements Form: Anytime during the first year after the date of registration.
- Second-Year Common Elements Form: Anytime after the first anniversary of the date of registration and up to the second anniversary.
- Major Structural Defect Common Elements Form: Anytime after the second anniversary of the date of registration and up to the seventh anniversary.
Performance Audit Tracking Summary
Condominium corporations must submit a Performance Audit Tracking Summary along with each warranty form they submit to Tarion. The Performance Audit Tracking Summary is a tool designed to track the progress of the items that the condominium corporation has submitted to Tarion as part of its warranty claim.
Both you and the condominium corporation are required to provide periodic updates (usually every 90 days) as to the status of each of the items listed in the Performance Audit Tracking Summary. You can access the Performance Audit Tracking Summary online through BuilderLink.
Builder Repair Period
For items listed on a First Year Common Elements Form, you have an initial repair period of up to 18 months from the first anniversary of the Registration Date of the Condominium Project to repair or otherwise resolve all warranted items.
For items listed on a Second Year Common Elements Form, you have an initial builder repair period of 6 months from the second anniversary of the Registration Date of the Condominium Project to repair or otherwise resolve all warranted items.
Note: Some common elements and situations demand longer or shorter timeframes, such as exterior work and emergency situations. See Registrar Bulletin 2 for more information about exceptions to the regular warranty repair process.
Your responsibilities after receiving a warranty request are as follows:
- Review the warranty claim form (or Performance Audit);
- Create a work plan to deal with the items listed on the warranty claim;
- If needed, contact the homeowner for clarification on the issue(s) or to make an appointment to inspect the issue(s);
- If an item points to a deeper issue, determine its cause and propose a reasonable solution;
- Communicate to the condominium corporation your intent to resolve or not resolve the items;
- If the item is not considered to be covered by the warranty, provide an explanation to the condominium corporation and be prepared to provide supporting information;
- Respond to questions from the condominium corporation;
- Resolve the items covered by the warranty before the repair deadline;
- Update the Performance Audit Tracking Summary on an ongoing basis (every 90 days) to advise which items have been resolved, which items will be resolved, and which items will not be resolved.
Support from Tarion
Tarion is available on an informal basis to provide information to the builder and to the condominium corporation at any time.
If, in Tarion’s opinion, you or the condominium corporation are not acting reasonably to resolve warranty claims, Tarion will hold a mandatory meeting with both parties which may result in a conciliation inspection.
Unresolved Warranty Items
If you do not repair or resolve all warranted items listed on either a First Year or Second Year Common Elements Claim Form during the initial builder repair period, the condominium corporation may contact Tarion and request a conciliation.
Both you and the condominium corporation must pay a fee for the conciliation. The conciliation fee for builders is $3,000.
You will be given a further 90 days after the date the condominium corporation requests the conciliation to repair or resolve all of the claim items that are covered by a warranty.