You’ve found the perfect condo — great amenities, low condo fees, stylish finishes. But one leaky ceiling, cracked pipe, or damaged floorboard later, the question every condo owner dreads comes up: who pays for this?
In Ottawa, figuring out who’s responsible for repairs or water damage in a condo can get surprisingly complicated. Between the Condominium Act, your building’s declaration, and your insurance policy, the answer isn’t always straightforward.
Here’s what every condo buyer (and owner) should know about how repair responsibility really works — and how to avoid being stuck with a bill you didn’t expect.
1. The Basics: Who Owns What in a Condo
The first step in understanding repair responsibility is knowing what parts of the building you actually own.
When you buy a condo in Ottawa, you’re purchasing a unit plus a share of the common elements.
Your unit includes everything inside the boundary walls — typically the interior drywall, flooring, fixtures, and finishes.
Common elements are everything else the building shares: exterior walls, roofs, plumbing stacks, windows (in many cases), hallways, elevators, and structural components.
Some parts are exclusive-use common elements, like balconies, terraces, or parking spots — technically shared property, but reserved for your personal use.
This distinction matters because it determines who pays for what when damage occurs.
If it’s within your unit, you’re usually responsible. If it’s in the common elements, the condo corporation typically handles it. But — and this is where things get tricky — there are plenty of exceptions.
2. The Rulebook: What the Condominium Act Says
Under Ontario’s Condominium Act, 1998, the condo corporation is responsible for maintaining and repairing the common elements, while individual owners must maintain and repair their units.
However, the Act also allows each condo corporation to define these boundaries in its declaration — and that’s where big differences arise between buildings.
For example:
In some Ottawa condos, windows and balcony doors are considered part of the unit (owner responsibility).
In others, they’re part of the common elements (corporation responsibility).
Some buildings split responsibility — the condo repairs the structure, while the owner pays for finishes or damage caused by their own appliances or negligence.
Before you buy, always ask for and review the declaration and status certificate. These will spell out where your responsibility starts and ends.
3. The Leaky Ceiling Dilemma: Who Pays for Water Damage?
One of the most common and confusing disputes in Ottawa condos is water damage — especially leaks between units.
Here’s a typical scenario:
You live on the 5th floor. The unit above you has a washing machine leak. Water seeps through your ceiling, damaging your drywall, light fixtures, and hardwood floors.
Who pays?
It depends on the source of the leak and the building’s documents.
If the leak came from a common element (like a main pipe), the condo corporation is usually responsible for fixing the pipe and restoring your ceiling to its original condition.
If the leak came from another owner’s unit (say, their washing machine), that owner may be liable for the damage — but only if they were negligent (for example, ignoring maintenance or overloading the machine).
If the leak was accidental and no one was negligent, you might be responsible for repairing your unit through your insurance, while the condo fixes any common elements.
In short, fault matters — and without clear negligence, each party often ends up covering their own losses.
4. Insurance: Where Most Owners Get Caught Off Guard
Many Ottawa condo owners assume the building’s master insurance policy covers everything. It doesn’t.
The condo corporation’s insurance generally covers:
The building’s structure and common elements
Original standard finishes (as declared by the condo)
Your personal condo insurance must cover:
Upgrades and improvements you’ve made (for example, hardwood floors instead of builder tile)
Your contents (furniture, electronics, clothing)
Additional living expenses (if you need to move out temporarily)
Your share of the deductible if the condo’s policy is used
That last point is where surprises happen. Some condo corporations carry very high deductibles — sometimes $25,000 or more — meaning that if the condo’s insurance covers a repair, they can charge that deductible back to the unit owner whose area was affected.
That’s why it’s crucial to carry enough personal coverage to handle both your unit and potential chargebacks from the corporation.
5. How Hidden Damage Costs Happen
Even well-managed Ottawa condos can hide expensive repair risks. Some of the most common “surprise costs” come from:
1. Outdated reserve funds
If the building’s reserve fund (the savings account for major repairs) is underfunded, owners may face special assessments — one-time fees to cover shortfalls for things like roof replacements or plumbing repairs.
2. Poor maintenance by other owners
A neighbour’s leaking dishwasher, overflowing tub, or faulty humidifier can cause major damage to your ceiling or floors — and if there’s no negligence, you might still be responsible for your own repairs.
3. Unclear declarations
Some condo declarations written years ago are vague about who owns what, leading to disputes over who pays. Always review yours before buying, especially in older Ottawa buildings.
4. Upgrades and renovations
If you’ve made custom upgrades (like hardwood, built-in lighting, or a high-end bathroom), you’ll need to ensure they’re listed in your insurance policy — or they may not be covered in a claim.
6. How to Protect Yourself Before Buying
If you’re shopping for a condo in Ottawa, here’s what to do before you sign:
Review the declaration and rules. Look for how maintenance and repair responsibilities are divided.
Read the status certificate carefully. It includes insurance details, recent assessments, and ongoing repairs.
Ask about the deductible. A $5,000 deductible is manageable; $25,000 could be a financial shock.
Get a pre-purchase inspection. Even in condos, interior inspections can reveal leaks, water stains, or failing seals.
Talk to the property manager. Ask about any history of water damage, plumbing issues, or insurance claims in the building.
Shop for the right insurance. Look for policies that include “loss assessment coverage” and “deductible coverage.”
A few extra questions during the buying process can save you thousands later.
7. What to Do If a Leak or Damage Happens
If you’re already an owner and something goes wrong:
Report it immediately to both your condo board or property manager and your insurer.
Document everything — photos, videos, and written descriptions.
Determine the source of the issue (your unit, another unit, or common elements).
Check your declaration and insurance before assuming who’s responsible.
Avoid repairing too early — you could risk losing reimbursement if liability isn’t confirmed.
If there’s a dispute, the Condominium Authority Tribunal or legal mediation may be necessary to settle who pays.
In most cases, prompt reporting and documentation will help things move smoothly.
8. Real-Life Ottawa Examples
Example 1:
A downtown Ottawa condo faced repeated ceiling leaks from an upper unit’s bathroom. The board determined it was a plumbing stack (a common element), so the condo corporation paid for the repair — but owners had to handle their own unit finishes, like repainting and flooring.
Example 2:
In a newer building in Westboro, a dishwasher hose burst in a 7th-floor unit, flooding two units below. Because the leak was accidental and the owner had no prior warning, there was no negligence — each affected owner used their own insurance to restore damage.
Example 3:
A Centretown condo discovered its windows were failing prematurely. The declaration defined them as common elements, but the reserve fund was underfunded. The result: every owner paid a one-time assessment to help cover replacement costs.
Each situation reinforces why understanding your condo’s declaration and insurance coverage is essential — and why “low condo fees” sometimes mean high future bills.
9. The Bottom Line
Buying a condo in Ottawa comes with shared ownership — and shared responsibility. When leaks, cracks, or costly repairs happen, who pays depends on a mix of law, documentation, and insurance.
The best protection is preparation: read every document, ask hard questions, and make sure you’re covered before problems arise. That way, when something does go wrong, you’ll know exactly what’s yours, what’s theirs, and what’s just life in a condo.
