I do have question. Looking through my emails, I found a notice sent to all condo owners back in January 2020 stating

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Customer: Looking through my emails, I found a notice sent to all condo owners back in January 2020 stating that effective January 1, 2020 the condo board can recover the corporations deductible from an owner for damages that originate in or from the owners unit to a maximum of $50,000. It also says that a deductible cannot be charged back to an owner in cases where the damage arose out of:
Answered by Debra in 6 hours 11 months ago
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.


Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

Are you in Canada or the US. infolawyer is in the US? This question s on the Canada law list.

Customer
Hi Debra, I live in the US, but my property is in Canada
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Debra, Expert

Can you please complete your initial post as it was cut off.

Thanks

Customer
It also says that a deductible cannot be charged back to an owner in cases where the damage arose out of: a) a defect in construction, b) damage attributable to act or omission of the condo corporation, c) normal structural deterioration of the property that owner is not responsible to repair or maintain
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Debra, Expert

That is common and logical so what happened?

Customer
My initial post is as follows: I am a condo owner at the Pavilions of Richmond Hill located at 421, 10 Sierra Morena Mews SW in Calgary AB. On Monday 12/6, my unit had a heating water line burst which flooded the apartment with approximately 2 inches of standing hot water. The water penetrated to the neighboring units below and has caused some damage to flooring, ceilings and walls. A restoration contractor was called immediately to take care of the standing water in the apartment, which is currently in the process of drying. This all occurred while a tenant was occupying the space as I don't live in the apartment. Unfortunately my home owners insurance lapsed prior to this event and my tenant doesn't have tenant insurance either. I received a report (12/8) from the Condo corporation claiming the cause of the pipe burst was freezing, due to leaving the patio door open overnight, and as a result is holding me liable for the damages. This is not the case as I conferred with my tenant. The door was opened only after she noticed the flooding because the apartment was getting hot and humid, the fire alarm was going off, and she wanted to air the place out while trying to determine how to shut off the valve. At this point the condo corporation has engaged with their insurance and is expecting to pass along their deductible to me for payment. I would love some advice on whether this report can be disputed before I engage with the condo corporation. Also whether the circumstance does put the blame on me
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Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

The situation is that while the condo corporation is trying to blame your tenant their allegations are false and unreasonable.

So the pipe burst and the pipe is owned by the condo corporation and for this reason the condo corporation is liable for all damages that you or the other owner of the unit below incurred If it was your pipe you would be liable but it's the water pipe owned by the condo corporation (it is a common element0 and therefore the corporation is liable.

Do you see what I mean?

Customer
Can they make a claim that it is my pipe because it resides in my unit? Each condo unit has piping that is zoned to each unit...meaning each unit is in control of their temperature setting, but i believe the system is part of a larger building system.
Customer
I also assume it is the condos responsibility to maintain because i pay for heating through my condo fees monthly
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Debra, Expert

It all will come down to who owns that part of the pipe. If it's the individual pipe that is going into your unit then you likely own it and then you're going to be liable. If it's the larger pipe that services other areas then the pipe is part of the common element.

Customer
Thank you for your feedback, that's helpful. I guess i need to determine who owns that pipe and not sure how to do that. Any suggestions? Also since i don't have an insurance company, i essentially don't have any one looking out for my interests. Would you recommend i get a lawyer?
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Debra, Expert

Why don't you at least have an initial consultation with a lawyer in your city that specializes in condo law?

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

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Debra, Expert


Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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