Who bears the responsibility for a condominium's windows and doors?
Our condominium corporation recently issued a special assessment to replace all of the doors and windows. When I bought a unit in this building seven years ago, I was told that the windows and doors were my responsibility, so I replaced them on my own about three years ago.
Now, something has changed, and I do not know why the board is suddenly claiming that our condominium corporation is responsible for the doors and windows. I am so angry; this does not seem fair. Would you kindly confirm who is responsible for the replacement of doors and windows? Is it the condominium corporation or the owner?
The Condominium Property Act states that all doors and windows of a unit that are located on interior walls of the unit are part of the unit unless otherwise stipulated in the condominium plan. Further, all doors and windows of a unit that are located on exterior walls of the unit are part of the common property unless otherwise stipulated in the condominium plan. Therefore, the condominium plan of your condominium corporation becomes a very important document in determining who is responsible for the maintenance and replacement of doors and windows of a condominium unit.
Condominium plans are registered at the Land Titles Office and are available for purchase. The Condominium Property
Act also states that a reference to a door includes the door, the door frame and the door assembly components, but does not include the door casing, trim or mouldings, and a reference to a window includes the glazing, the window frame and the window assembly components, but does not include the window casing, trim or mouldings.
Therefore, I am unable to specifically answer your question without reviewing your condominium plan, but I have provided you with enough information for you to find the answer to your question.
Helpful Hint: The answer to the question as to who is responsible for the maintenance and replacement of doors and windows has huge cost implications for the condominium corporation and/ or owners. Therefore, if there is any doubt as to who is responsible for these costs, I would strongly urge you to hire a lawyer who can review your condominium plan and provide you with an opinion.
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.