On appeal, the Court confirmed that the Condo Association would not be responsible for paying
damages to the unit owners because the construction was necessary to protect a common element — here, the beachfront — from erosion.
Not exact matches
So, if a condo
owner somehow
damages the wood floor in their
unit, they would file a claim with their own insurer
to repair the
damages.
«A condominium corporation's insurance will cover the building and the common elements, like elevators or front lobby, but the condo
owner must insure their own
unit, personal items and protect themselves against liability if they are responsible for
damage caused
to a neighbour's
unit.»
A recent poll by Allstate Insurance Company of Canada and Abacus Data found that 61 % of Canadian condo
owners either don't know or incorrectly assume that if a flood or a fire starts in their
unit, the building's insurance will cover the
damages to other
units.
Both resident
owners and renters may be protected by relocation assistance, which helps them find temporary housing if
damage causes the
unit to be uninhabitable.
All reservations are subject
to change or cancellation if rooms become unavailable for reasons including, but not limited
to, natural disasters or other acts of nature,
damage to the property or maintenance problems, strikes,
owner usage, sale of
unit, changes in applicable law, or failure of other guests
to vacate as scheduled.
The
damages suffered by strata
owners may include consequential
damages, i.e., the amounts assessed on individual
unit owners by the strata corporation
to fund the cost
to repair, restore or remediate the deficiencies
to the common property.
The Court determined that the
owners» refusal constituted a breach of section 117 of the Condominium Act, 1998 (the «Act») as the unremediated mould in the
unit was likely
to cause
damage to property or cause injury
to an individual.
«[Section 91 of the Condominium Act] does not grant a condominium corporation the authority
to impose on a
unit owner the obligation
to repair common elements after
damage, except for common elements designated for the exclusive use of an
owner.»
In a recent case, YCC No. 922 v. Lu, the
owners of a condominium
unit were ordered by the Ontario Superior Court of Justice
to permit the condominium corporation
to enter the
unit for the purpose of inspecting and repairing
damage to the
unit and the common elements caused by flooding in the basement of the
unit.
Regarding the
unit owners» Chapter 21E, Section 5 property
damage claims, the SJC ruled that the plaintiffs» claims were not time barred because they could not have known that they sustained permanent property
damage until the Massachusetts Contingency Plan (MCP) mandated Phase II / III environmental report was submitted
to MassDEP by the city in June of 2012.
the corporation may have the right
to add all costs incurred
to repair common elements (
damaged by a
unit owner or occupant)
to the
unit's common expenses; or
(5) If an
owner of a
unit in a vacant land condominium corporation fails
to maintain the
owner's
unit within a reasonable time or
to repair it within a reasonable time after
damage, the corporation may maintain or repair the
unit, as the case may be.
163 (1) If the board of a vacant land condominium corporation determines under section 123 that substantial
damage has occurred
to a building located on a
unit and the
owners do not vote for termination under that section, the
owner of the
unit may elect,
During the period that the corporation was investigating the water charges, the
owner of
unit 7 continued
to enjoy excess water usage and there was no failure by the corporation
to mitigate its
damages.
Owners who have sold their
units at a discount or experienced delay in selling a
unit, because of the lack of access
to the balcony, can recover
damages.
And unlike Renters Insurance, Condo
Owners Insurance covers any
damage done
to the interior of your
unit.
Storage
unit insurance from Nationwide offers storage facility business
owners the opportunity
to stay protected against property
damage, liability issues, business interruption and other types of covered losses.
The ruling in the case of Mari and Kieran is that even when the property
damage is caused not by the fault or negligence of an individual
unit owner but simply due
to defective plumbing or a malfunctioning appliance, that the condominium
unit owner may still be held responsible for the
damage.
Since 1996, CEA has been encouraging California homeowners, mobilehome
owners, condo -
unit owners and renters
to reduce their risk of earthquake
damage and loss through education, mitigation and insurance.
Condo association master earthquake policies usually cover only the exterior and do not cover
damage to personal belongings or
damage inside individual
units, so
owners should consider if they need earthquake insurance.
When the Master Policy or Home
Owner Association (HOA) policy covers a loss, but the
damage exceeds coverage available in the HOA insurance policy, the members of the association and
owners of the individual
units may then become liable for their shared portion of the
damage that the underlying association insurance was not sufficient
to cover.
Landlord insurance protects a property
owner in the event of
damage to a
unit or single family home that is rented for income.
As a condo
owner, you are responsible for carrying insurance that protects you and your assets from many of the same potential risks as a homeowner — theft or
damage to your personal belongings, personal liability in the case that someone is injured on your property, and liability coverage for extras you may have added
to your condo
unit, such as specialized lighting or attached furnishings.
This policy protects the
owner of the community against financial loss resulting from resident - caused
damages to the community's property, whether in the rented
unit or the common areas.
The field inspector referred my issue
to a special investigations
unit after the shop
owner denied driving /
damaging my car
Condo
owners need condo insurance
to cover
damage of any improvements made inside the
unit as well as its contents.
Both resident
owners and renters may be protected by relocation assistance, which helps them find temporary housing if
damage causes the
unit to be uninhabitable.
Although an apartment complex
owner is responsible for paying for exterior
damage to all of the
units, he or she is not responsible for reimbursing you for items lost inside of your home.
61 % of Canadian condominium
owners taking part in the poll do not know or incorrectly assume their building's insurance will cover
damage to another
unit from water or fire that originated in their
unit.
For example,
unit owners might be responsible for
damages to any original counter and flooring materials in the home.
Individual
unit owner policies may cover some costs of rectifying internal
damage to units.
Wind, rain, winter weather and climate change have caused the exterior walls
to become extremely porous and have caused
damage to the interior walls of many
unit owners» property.
However, if the animal causes
damage to the rental
unit, the
owner is responsible for that
damage just like anything else.
Several years ago, Gene Stevens and other condo
owners of the Cricket Club Condominiums sued the Cricket Club Board of Directors for breach of fiduciary duty, seeking compensatory
damages from the Board because the condo
owners alleged that Condo Board of Directors spent special assessment money on things outside of those described in the Notice of Special Assessment that was sent
to the condo
unit owners.