Who Has to Pay for Condo Repairs: You or the Condo Corporation?

A pipe leaks behind your wall.

Your ceiling is damaged.

The window is freezing.

The fan coil stops working.

Then management sends you a message: "This is the owner's responsibility."

And you sit there thinking: Why? Where does it say that? And why am I paying condo fees every month if I still have to pay for this?

This is one of the most common condo disputes in Ontario. And the answer is not always obvious.

The good news is that you usually do not need to read the entire Condominium Act to understand where you stand. You need to check a few specific things.

First, do not accept "owner responsibility" without an explanation

Property management may be completely right.

But they should be able to tell you why they are right.

If they say the repair is your responsibility, ask: "Can you please show me the section of our Declaration or other condo document that makes this my responsibility?"

That one question can save you a lot of time.

Because condo responsibility is not decided by opinion. It is decided by the documents.

Something can be inside your unit and still not be your responsibility

This surprises many owners.

A pipe may be behind your bathroom wall. A window may be inside your unit. A fan-coil unit may be sitting in your suite.

That does not automatically mean you own it or must repair it.

Condo buildings have legal boundaries. Some things inside or beside your unit may legally be common elements.

That is why the first important document is usually your Declaration. Together with the building's registered plans, it shows where your unit legally starts and ends.

Start with the Declaration

Do not try to read the whole document.

If you cannot find the answer, ask management to point you to the exact section they are relying on.

Do not be satisfied with: "That is our policy." A policy is not the same thing as a legal responsibility.

No copy of your Declaration? Ask the corporation for one. The Declaration, by-laws and rules are core records, and owners can request them using the official request for records form.

When you have it, look for the sections dealing with:

• unit boundaries
• repair
• maintenance
• windows and doors
• plumbing
• heating and cooling
• balconies
• exclusive-use common elements

Maintenance and damage are different

Imagine your bathroom fan simply gets old and stops working.

That is one type of problem.

Now imagine water from a pipe above damages your bathroom ceiling.

That is a different type of problem.

Ontario's Condominium Act treats ordinary maintenance and repair after damage differently.

You do not have to memorize the legal wording. Just ask yourself: Did this thing wear out, or was it damaged by something?

That question can change the answer.

What the Condominium Act says before your Declaration changes anything

The Act sets default rules. Your Declaration can change them, for example by making owners repair their own units after damage, or by making an owner maintain and repair a balcony that only they use. That is why the Declaration matters more than general rules.

The defaults, in plain English:

• The corporation maintains the common elements.
• Each owner maintains their own unit.
• Maintenance includes fixing normal wear and tear.
• Repair after damage is a separate duty. By default, the corporation repairs both units and common elements after damage.
• That default does not cover improvements, meaning upgrades beyond your building's standard unit. Your Standard Unit By-law, if your building has one, describes that standard.

Windows are a perfect example

Owners often tell us: "The window is part of my apartment, so it must be mine."

Not necessarily.

In one condominium, windows may be the corporation's responsibility. In another, the Declaration may place some responsibility on the owner.

This is why advice from a friend in another building can be completely wrong for you.

Their condo documents are not your condo documents.

What about pipes behind the wall?

This is one of the most common questions.

A pipe leaks. Management says: "It is inside your unit."

But the real question is not where you can see the damage. The real question is: Who legally owns and maintains that pipe?

Some plumbing serves only one unit. Some plumbing is part of the common system. Some may be located inside a unit but still be part of the common elements, depending on the registered boundaries and your Declaration.

Never assume. Check the Declaration first.

The same problem happens with fan coils and HVAC

You may have a heating or cooling unit inside your suite.

Management may say it is yours. Sometimes it is.

Sometimes the corporation is responsible for part of the system and the owner for another part.

So a simple sentence such as "the HVAC is inside your unit" is not enough. Responsibility may differ for:

• fan-coil equipment
• pipes
• valves
• thermostat
• drain line
• main building system

Who fixes it and who pays are not always the same question

This is very important.

Sometimes the corporation may arrange the repair. But later it may try to charge you. Or insurance may be involved. Or a deductible issue may appear.

So separate the questions. Who is responsible for doing the repair? And who is ultimately responsible for the cost?

They are not always the same.

Be careful with chargebacks

Suppose the corporation repairs something and then puts $2,000 or $5,000 on your account.

Do not immediately assume the charge is correct.

The Act does allow this in some situations. If a repair or maintenance job is the owner's and the owner does not do it within a reasonable time, the corporation can in certain cases do the work and add the cost to that unit's common expenses. Unpaid common expenses can lead to a lien, so do not ignore the charge either.

You need to understand the basis for the charge, not just the amount. Ask for:

• the invoice;
• the reason for the repair;
• the section of the Declaration or other document they rely on;
• an explanation of why the cost was charged to your unit.

What about balconies and parking spaces?

A balcony may feel like part of your home. A parking space may feel like your property.

But many balconies and parking spaces are common elements that only one owner has the right to use. These are often called exclusive-use common elements.

That can make repair responsibility confusing.

Again, the Declaration is the place to look.

Do not assume: "Only I use it, so I must pay." That is not always true.

If the condo says "you have to fix it"

Ask management: "Please identify the specific provision of the Declaration, by-law or Condominium Act that makes this repair my responsibility."

Keep the answer in writing.

If they give you a section number, read that section.

If they refuse to explain, keep that correspondence too.

Five documents that can answer most repair disputes

You usually do not need 500 pages of condo documents. You need the right pages.

Before arguing with management, collect:

• Declaration
• Standard Unit By-law, if your building has one
• Relevant by-laws
• Insurance information
• Photos, invoices and repair reports

A simple example

Imagine water appears on your ceiling.

Management says the repair is your responsibility.

Do not start by arguing. Start with these questions. Once you have the answers, you have a real issue to investigate, not just an argument:

• Where did the water come from?
• Was the failed component part of my unit or a common element?
• What does the Declaration say?
• Was this normal maintenance or damage caused by a failure?
• Who is responsible for repairing the damaged ceiling?
• Is management also trying to charge me for the source of the leak?

The biggest mistake owners make

They start with: "This is unfair."

Fairness matters emotionally, but it usually does not solve the problem.

A stronger question is: "Show me the document that says I am responsible."

That changes the conversation.

Bottom line

If something breaks in your condo, do not automatically pay just because management says it is your responsibility.

And do not automatically assume the corporation must pay either.

In many condo disputes, the answer is already sitting in the documents. The problem is that nobody has shown the owner where to look.

First find out:

• what actually failed;
• whether it is part of your unit or a common element;
• what your Declaration says;
• whether the issue is maintenance or damage;
• and why management believes you are responsible.

Official Ontario sources

• Ontario Condominium Act, 1998Section 89 covers repair after damage, section 90 maintenance, section 91 what the declaration can change, section 92 work the corporation does when an owner does not, and section 105 insurance deductibles. Changes to sections 89 to 91 passed in 2015 never came into force and were repealed on December 31, 2025, so the original wording still applies.
• Ontario Regulation 48/01 under the Condominium Act, 1998Section 1 lists core records, which include the declaration, by-laws and rules. Section 13.3 sets the records request process.
• Condominium Authority of Ontario: Repairs After DamagePlain-language explanation of maintenance, repair after damage, the standard unit and improvements.
• Condominium Authority of Ontario: Who is responsible for repairsConfirms that repair responsibilities depend on the corporation's governing documents.
• Condominium Authority of Ontario: The DeclarationThe declaration sets out unit boundaries, exclusive-use common elements and the allocation of repair and maintenance responsibilities.
• Condominium Authority of Ontario: ChargebacksExplains the situations where the Condominium Act allows a corporation to charge costs back to an owner.

What to check first

Common mistakes owners make

Documents to gather

When to get a closer look