Who Is Responsible for Condo Repairs in Ontario?
(From a Condominium Management Expert)
Practical Guidance for Smarter Governance in London & Sarnia, Ontario
A leak shows up on a unit owner's balcony, or a crack opens across a parking deck, and the first question every board hears is the same one: who pays for this? It sounds simple, but in an Ontario condo the answer depends on rules that many boards have never had clearly explained to them.
This guide breaks down who is responsible for condo repairs in Ontario, how the duty is split between your corporation and individual owners, and why the answer ultimately lives in your own core records, the declaration, the by-laws, and the standard unit definition. Getting this right protects your reserve fund, your owners, and your board from expensive mistakes.
The Default Rule: Who Is Responsible for Condo Repairs in Ontario
This is not legal advice, but generally speaking under Ontario law the Condominium Act, 1998 sets a clear starting point. Section 90 says the corporation shall maintain the common elements while each owner maintains their own unit. Section 89 says that after damage, the corporation shall repair both the units and the common elements. In plain terms, the corporation is the default party responsible for the common elements, and owners look after the inside of their units.
But both of those sections open with the words "subject to section 91," and that is where the real complexity begins. Section 91 lets a condo corporation pass a by-law that shifts maintenance or repair obligations, most commonly making owners responsible for the upkeep of the exclusive-use areas attached to their unit. So the Act gives you a default, then expressly allows your governing documents to rewrite it. You cannot answer "who pays" without reading your own declaration and by-laws first.
Exclusive-Use Common Elements: The Grey Zone
Exclusive-use common elements, sometimes called limited common elements, are parts of the common property that legally belong to all owners but that only one unit is allowed to use. They are the single biggest source of repair confusion. Typical examples include:
• Balconies and terraces
• Designated parking spaces
• Storage lockers
• Patios and yards
• Windows, awnings, or heating and cooling units that serve a single unit
Because these areas serve one owner but remain common elements, responsibility is frequently split. A common arrangement in Ontario declarations is that the owner handles routine maintenance, such as keeping a balcony clear and clean, while the corporation stays responsible for structural repair after damage. If an owner wants to alter an exclusive-use area, for example new balcony flooring, an enclosure, or a charger in their parking spot, that almost always requires a written agreement with the corporation, and that agreement should spell out who maintains and repairs the change going forward.
"Maintain" vs "Repair After Damage": The Distinction That Trips Up Boards
One distinction causes more disputes than any other: the difference between maintaining something and repairing it after damage. Under the Act, the duty to maintain includes repairing after normal wear and tear, while "repair after damage" refers to sudden, often insurable events such as a burst pipe, a fire, or a storm. The two can land on different parties.
This is exactly why water claims become so contentious, because they sit right on that line. For a deeper look at how fault, insurance, and the standard unit definition interact, read our guide: Water Damage in Ontario Condos: Who Is Responsible?
The Standard Unit: Where Your Core Records Draw the Line
There is one more document that quietly settles many of these questions, and most boards rarely open it: your standard unit definition. Every Ontario condo corporation has one. It is set out either in a standard unit by-law passed by the corporation, or, if no by-law was ever passed, in the schedule attached to the declaration (often labelled Schedule C). It spells out exactly what counts as part of the "standard" unit, for example builder-grade flooring and original fixtures.
This matters most after insurable damage. This is not legal advice, but generally speaking under Ontario law section 99 of the Condominium Act, 1998 requires your corporation to insure the units and common elements against major perils, but that coverage stops at the standard unit. Anything an owner added above that baseline, the marble floor that replaced builder carpet or an upgraded kitchen, is treated as an improvement or betterment, and the owner is responsible to insure and repair it. So after a flood or fire, the corporation restores the unit to the standard level and the owner covers the difference. For the full picture, see our guide on Condo Corporation Insurance in Ontario.
In practice, the split is mostly drawn for you in advance:
• The standard unit definition lives in your standard unit by-law, or the declaration schedule if no by-law exists
• After major damage, the corporation insures and repairs up to the standard unit
• Improvements and betterments above that line are the owner's to insure and repair
• If your board cannot locate or explain its standard unit definition, that is a gap worth closing now
In short, "who pays" is rarely a matter of opinion. It is written into your core records, and a board that knows its declaration, by-laws, and standard unit definition can answer most repair questions in minutes.
Where Boards Get Caught Out, and How Strong Management Prevents It
The most expensive mistakes happen when a board guesses instead of checking. A manager who tells an owner "that is yours to fix" without confirming the declaration can expose the corporation to an oppression claim. A board that quietly absorbs a repair that was actually the owner's responsibility drains the reserve fund. Both outcomes are avoidable.
Good condo corp management closes this gap by keeping a clear, written responsibility matrix, cross-referenced to the declaration, by-laws, and standard unit definition, so the answer to "who pays" stays consistent rather than improvised. A condo management company in London Ontario should be able to hand your board that reference document on request. A proactive maintenance plan also prevents many disputes before they start, and our guide on Condo Building Maintenance in Ontario explains how. At Sapphire, we find that boards who keep these records current spend far less on repairs that were never theirs to cover.
When a surprise repair lands on the corporation, it often arrives as an unbudgeted hit to the reserve fund. If a recent repair has left your board unsure whether your financials can absorb it, you are welcome to a no-cost second opinion through Sapphire's free financial review.
Frequently Asked Questions
Q: Who is responsible for balcony repairs in an Ontario condo?
A: It depends on your declaration, but the common default is that the owner handles routine upkeep of the balcony while the corporation repairs structural damage. This is not legal advice, but generally speaking under Ontario law a by-law passed under section 91 can shift more of that responsibility to the owner, so your governing documents are the final word.
Q: What is a standard unit and why does it decide who pays?
A: The standard unit is the baseline definition of a unit set out in your standard unit by-law, or in the declaration schedule if no by-law exists. After insurable damage, the corporation insures and repairs up to that standard, while anything an owner upgraded above it, the improvements and betterments, is the owner's responsibility. It is often the single document that settles a repair dispute.
Q: What happens if an owner causes the damage themselves?
A: When damage results from an owner's act or negligence, the corporation can often recover the repair cost from that owner, sometimes by adding it to their common expenses. Boards handling condo management in London Ontario and Sarnia should have their management company confirm the process in the declaration and document it carefully, because cost recovery only holds up when it follows the rules.
Related Reading
→ Water Damage in Ontario Condos: Who Is Responsible?