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Common elements will vary depending on whether you live in a townhouse, high-rise or fully detached home. The common elements may include items such as the heating system, elevators, parking garage and some of the exterior items in your unit, like the windows. The common elements are covered under the common elements warranty, and may not be a part of your unit’s Pre-Delivery Inspection.
If your project has not been registered, the boundaries between your unit and the project's common elements should be listed in either "Schedule C" or your unit boundaries document, located in your Disclosure Statement (delivered to you when you entered into your purchase agreement). If your project has been registered, you’ll find this information in the registered Declaration and Description.
Common element warranty coverage begins on the date of registration. For warranty purposes, the condominium corporation is deemed to be the owner of the common elements.
Note: there is no warranty coverage for the common elements of a common elements condominium corporation or a vacant land condominium corporation.
The Warranty Process for Common Elements
The Board of Directors will appoint a designate to manage the common elements warranty on behalf of the condominium corporation. This entails making statutory warranty claims to Tarion for the common elements and abiding by the essential timelines.
The Condominium Act requires that a performance audit of the common elements must be conducted between six and ten months following registration of the condominium.
This 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 Manager must submit the performance audit, along with the appropriate warranty form to Tarion to begin the warranty process.
Similar to the warranty on your condominium unit, 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 this initial builder 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.
If you notice any damage or defects to the common elements, you should notify your condominium corporation's representative (usually the Condominium Manager or member of your board of directors) so that he/she can decide what action to take under the common elements warranty.
For information about what is and is not covered under the statutory warranty for common elements, please consult the Common Element Construction Performance Guidelines.