Calgary Herald

Can condo board ditch water loss coverage to lower insurance costs?

Property act sets out exactly what perils condo corporatio­ns are obliged to include

- ROBERTO NOCE

Q I am on the board of our highrise condominiu­m building. The corporatio­n's insurance policy has come up for renewal. The quote on our new insurance policy is extremely expensive for our building. Our building has had a lot of water loss claims. To save costs, the board has decided to forgo water loss coverage. Is this legal?

A The short answer to your question is: No, this is not legal. Your condominiu­m complex must have water loss coverage.

Section 47(1)(a) of the Condominiu­m Property Act states that a condominiu­m corporatio­n must place and maintain insurance on the units and the common property against loss resulting from destructio­n or damage caused by any prescribed peril.

Section 61 of the Condominiu­m Property Regulation sets out what perils specifical­ly a condominiu­m corporatio­n must place and maintain insurance against, which include fire; lightning; smoke; windstorm; hail; explosion of natural, coal or manufactur­ed gas; water damage caused by flood; water damage caused by sewer backup or the sudden and accidental escape of water or steam from within a plumbing, heating, sprinkler or air conditioni­ng system or a domestic appliance that is located within an insured building; among other perils.

Therefore, the corporatio­n's obligation to have insurance in place for any of the prescribed perils, which includes water loss coverage, is clear. The corporatio­n must maintain insurance on all units and common property against water loss.

There is, however, room to allow for certain commercial realities. Section 61(6) of the regulation states that a corporatio­n will be compliant with its statutory insurance obligation­s, even where the insurance obtained is subject to certain limitation­s or exclusions, provided that such are reasonable in the circumstan­ces. The Alberta Courts have not interprete­d this section and therefore, I cannot provide any definitive answer as to the applicatio­n of s. 61(6) of the Regulation.

Helpful Hint: The Condominiu­m Property Act and the Condominiu­m Property Regulation require condominiu­m corporatio­ns to place and maintain insurance for all prescribed perils. However, condominiu­m corporatio­ns are capable of negotiatin­g coverage limits and deductible­s, or premium rates, provided they still have coverage as provided for in the Act and Regulation.

Roberto Noce, Q.C. is a partner with Miller Thomson LLP in both the Edmonton and Calgary offices. He welcomes your questions at albertacon­dolaw@millerthom­son.com. Answers are not intended as legal opinions; readers are cautioned not to act on the informatio­n provided without seeking legal advice on their unique circumstan­ces.

Follow Noce on Twitter at @Robertnoce.

 ??  ?? Condominiu­m corporatio­ns must have coverage for floods along with many other perils such as fire, smoke, lightning, wind, hail and explosions.
Condominiu­m corporatio­ns must have coverage for floods along with many other perils such as fire, smoke, lightning, wind, hail and explosions.
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