Deck and Balcony Inspections for London Ontario Townhouse and Low-Rise Condos: What Boards Should Do
(From a Condominium Management Expert)
An owner in a London Ontario townhouse community emails the board in late spring. A deck board feels soft underfoot, and the railing moves when her kids lean on it. Two doors down, a balcony has a rust stain spreading under the surface. Your corporation already has a manager, yet nobody can say when the decks and balconies were last looked at by anyone qualified.
Decks and balconies are easy to forget until something gives way. This guide covers who is responsible for them under sections 90 and 91 of the Condominium Act, 1998, what the City of London and City of Sarnia property standards by-laws say, what an inspection should check, and how to fund the repairs. It is written for boards in London Ontario and Sarnia Ontario.
Who is responsible for inspecting condo decks and balconies in Ontario?
In most corporations the board is, because decks and balconies are usually exclusive-use common elements that the corporation owns. This is not legal advice, but generally speaking under Ontario law, section 90 (1) of the Condominium Act, 1998 says the corporation shall maintain the common elements, and section 90 (2) says that includes repair after normal wear and tear.
Section 91 lets a declaration shift maintenance of exclusive-use common elements to the owners who use them. Some townhouse declarations do this for decks, patios or railings, so read yours before deciding who acts. Even where owners maintain the surface, the corporation often keeps the structure, and someone still has to look. Our guide Who Is Responsible for Windows, Doors, and Balconies in Your Ontario Condo? (https://sapphirecondomgmt.ca/who-is-responsible-windows-doors-balconies-ontario-condo) explains how that split usually works.
What do London and Sarnia by-laws say about decks and balconies?
Both cities expect them to be kept safe and sound. The City of London Property Standards By-law CP-24, section 4.5.1, says every deck, balcony and porch shall be maintained, and section 4.5.2 says that includes renewing or strengthening structural members that are rotted, deteriorated or loose.
Section 4.5.3 of CP-24 also requires guards on the open sides of balconies and decks above a set height, and section 4.5.7 says guards on residential balconies and decks shall be built so they don't make climbing easy. Under section 4.1.2, a London property standards officer who doubts a structure's condition can order an engineer's report.
In Sarnia, Property Standards By-law 81 of 2015, section 12 (1), says a balcony, porch, landing or stairway shall be kept free of holes, cracks and other defects that may be a safety hazard, and section 12 (2) says rotted or deteriorated supporting members shall be repaired or replaced. Ask your manager to check the current version of each by-law before relying on it.
What should a deck and balcony inspection check?
A good inspection looks at the structure first and the finish second. A fresh coat of stain can hide the problems that matter.
The items to ask your inspector to cover are:
• Ledger boards and connections where a deck attaches to the building, including flashing and fasteners
• Posts, beams and joists for rot, splitting, rust and settling footings
• Guards and railings for loose posts, missing pickets and gaps a child could fit through
• Concrete balcony slabs for cracks, spalling, exposed or rusting rebar and water pooling
• Membranes, drains and the door threshold where water can get into the wall
• Stairs, treads and handrails on decks and walk-outs
• Owner add-ons such as hot tubs, planters, enclosures or heavy storage
For townhouse wood decks, a building inspector or qualified contractor can often handle a routine review. For concrete balconies on a low-rise building, or anything that looks structural, bring in a professional engineer.
How often should a condo board inspect decks and balconies?
The Condominium Act, 1998 doesn't set a deck or balcony inspection schedule, so the board sets one. Many boards walk the exterior every year in spring and bring in an engineer when the reserve fund study is updated or when the annual walk finds something.
Section 94 (1) requires the corporation to conduct periodic reserve fund studies, and those studies look at the condition of the common elements. Ask your reserve fund study provider to assess decks, railings and balcony slabs, not just list them. A spring walk-through in London and Sarnia also catches freeze-thaw damage from winter before owners start using their decks.
Keep a record. Each inspection should leave a short report with photos, the units affected, what is urgent and what can wait. That record also shows the board took reasonable care. Under section 3 (1) of the Occupiers' Liability Act, an occupier owes a duty to take reasonable care that people on the premises are reasonably safe.
What should a board do when an inspection finds a problem?
Act on anything unsafe right away, then plan the rest. If a railing is loose or a deck is soft, close it off, put the notice in writing to the owner and book the repair.
Section 117 (1) of the Condominium Act, 1998 says no person shall cause a condition to exist that is likely to cause injury or damage property, which is another reason not to wait. Section 19 lets the corporation enter a unit or an exclusive-use area on reasonable notice to carry out its duties, so give owners clear dates for inspections and repairs.
If an owner's own add-on caused the damage, such as a hot tub or an unapproved enclosure, check your declaration, by-laws and any section 98 agreement before deciding who pays. London Ontario townhouse boards working with Sapphire Condominium Management get this kind of vendor coordination as part of full management, which we describe in Townhouse Condo Management in London Ontario (https://sapphirecondomgmt.ca/townhouse-condo-management-london-ontario).
How does a condo corporation fund deck and balcony repairs?
Small fixes such as replacing a few boards or tightening railings usually come from the operating budget. Full deck rebuilds, railing replacement programs and balcony slab repairs are usually reserve fund work. Section 93 (2) of the Condominium Act, 1998 says the reserve fund shall be used solely for major repair and replacement of the common elements and assets of the corporation.
Check that your reserve fund study has realistic timing for decks and balconies, and group the work by block so contractors can bid on one scope. In Sarnia, the City's building permits page says decks more than two feet above ground or attached to a building need a permit, and London has its own permit rules, so ask your contractor to confirm permits before work starts. Our guide Reserve Fund Studies in Ontario: What Every Board Must Know (https://sapphirecondomgmt.ca/reserve-fund-study-ontario-condo-board-guide) explains how to read one. If you would like a second opinion on how your reserve fund and financial statements line up with a deck or balcony program, you can request a free financial review on us.
Frequently Asked Questions
Q: Who pays to repair a condo balcony in London Ontario?
A: Usually the corporation, because balconies are often exclusive-use common elements and section 90 (1) of the Condominium Act, 1998 puts common element maintenance on the corporation. Your declaration can shift some of that to owners under section 91, so read it first. This is not legal advice.
Q: Does a condo board need an engineer to inspect balconies?
A: For concrete balcony slabs, structural concerns or anything that looks unsafe, yes. For routine checks of townhouse wood decks, a qualified inspector or contractor is often enough, with an engineer called in when the walk-through finds a structural problem.
Q: When is the best time to inspect condo decks in London and Sarnia?
A: Spring works well for boards in London and Sarnia. Winter freeze-thaw damage is visible by then, and the board can book repairs before owners start using their decks for the summer.
Related Reading
→ Who Is Responsible for Windows, Doors, and Balconies in Your Ontario Condo?
→ Condo Building Maintenance in Ontario: What Every Board Member Should Know
→ Reserve Fund Studies in Ontario: What Every Board Must Know