Who Should Pay For Valve Repair

Written by Shlomo Sharon | 06 October 2001

The Toronto Star − Condo Living Section
Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

To shut off the cold/hot water in our bathrooms, we must remove articles from inside the cabinets, open a small door and reach inside the walls.

I had a problem with one, which was very stiff to turn. When I mentioned this to the property manager, she said they were the original valves when the building was built about 13-14 years ago and should be replaced at the owner's expense.

We decided to change the valves in both bathrooms and we paid for these replacements. I understood that anything between the walls was the responsibility of the Condo corporation.

Would you please inform me of any government regulation on this matter?

Answer

In order to determine whose responsibility it is, you will need to review the condominium documentation.

The Condominium Act provides that the Condominium Corporation maintains the common elements and that the unit owner maintains the unit. Maintenance includes repairs due to general wear and tear, which looks like your situation requiring the replacement of the shut-off valves.

The Condominium Act also provides that the Declaration may alter the obligation to maintain by providing that the unit owner maintains part of the common elements and/or that the corporation maintains part of the unit.

So you first need to determine whether the shut-off valve is part of the unit or common elements and, once determined, see if there are any provisions in the Declaration that alter the general maintenance obligation contained in the Condominium Act.

Also, check to see if there are any corporation bylaws that deal with this issue.