Roles & Responsibilities
It’s important to understand the various roles and responsibilities in the warranty process for condo boards, designates, builders, as well as Tarion and the Home Construction Regulatory Authority (HCRA). Below is an overview of this information according to each.
The Condominium Corporation
The condominium corporation is responsible for managing the common elements warranty.
In addition to understanding warranty coverage and the warranty claims process, the condo corporation is responsible for the following:
- Advising Tarion when turnover has occurred.
- Hiring a qualified individual to conduct the Performance Audit between 6 and 10 months following registration in accordance with the Condominium Act.
- Submitting a warranty form or the Performance Audit to Tarion by the first year following registration.
- Working with the vendor and/or builder to resolve warranty claim items.
- Making arrangements with unit owners if the builder requires entry to units to review or repair common elements.
- Updating the Performance Audit Tracking Summary on an ongoing basis (every 90 days during the 18-month builder repair period) to advise which items have been resolved by the builder.
- Requesting Tarion’s involvement, as necessary.
- Resolving claims with Tarion, as necessary.
Condo Boards & their Designate
If the condo corporation board of directors wishes to appoint a designate to do the above tasks on behalf of the board (such as the condominium manager), the condominium corporation must submit an Appointment of Designate Form to Tarion. If there's a change in the designate, this also must be reported to Tarion using the Appointment of Designate Form.
Condo Managers also have various responsibilities including:
- Provides assistance to the Board
- Advises Tarion when turnover has occurred.
- Ensures the Board receives all required turnover documentation (e.g. B19 final report, if applicable).
- Is aware of applicable common elements warranty documentation/ processes/ information.
- Ensures proper and timely resolution of warranty claims.
- Engages Tarion as required to facilitate warranty disputes.
- Administer the MyHome online portal, which allows homeowners to manage their warranty and report defects to the builder and Tarion.
- Facilitate the fair resolution of disputes between homeowners and builders over warranty coverage, repairs, or customer service.
- Assess warranty claims to determine if they are valid either through an on-site inspection or an alternative method of investigation.
- In cases where a builder fails to address a valid warranty claim, resolve the claim directly with the homeowner either through compensation or repairs by a third party.
- Manage a guarantee fund to protect new home buyers, out of which compensation for warranty claims is paid.
- Provide you with information about your warranty coverage at the time of purchase.
- Provide you with a warranty certificate upon your home's completion which indicates when your new home warranty takes effect.
- Be reasonably accessible to you to address customer service issues, including investigating issues with your home to determine if they are covered by the warranty.
- Ensure that the condominium common elements are built properly. This means that it is constructed in accordance with Ontario's Building Code, is fit for habitation, and is free from defects in workmanship and materials and major structural defects.
- Resolve valid warranty requests in a timely manner by performing repairs or offering an acceptable alternative resolution.
*For condominium common elements, the condominium corporation is deemed to be the owner.
The Home Construction Regulatory Authority (HCRA)
Is responsible for regulating and licensing new home builders/vendors, enforcing standards of competency, handle home buyer concerns about the conduct of their builder/vendor and manage the Ontario Builder Directory. Your builder must be licensed by the Home Construction Regulatory Authority (HCRA).
The HCRA’s builder directory a searchable database that provides information about Ontario’s home builders and vendors provided by the Home Construction Regulatory Authority. As Ontario’s home building regulator, HCRA is the official source for all licensing information about home builders and vendors.