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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Hello - There was a water leak in my condo due to a pipe breaking

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Hello - There was a water leak in my condo due to a pipe breaking behind my wall. The water caused damage to my wall and the hallway wall adjacent to it - both need to be replaced. The condo corp is telling me that the pipe is servicing my unit and is my responsibility - however I claim that because the pipe is behind my wall it is part of the common elelements and they are responsible. Who is responsible for damage and repair?

Debra Thal :

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Debra Thal :

I agree with you that they are liable for any damages this caused as well as for making the repairs.

Debra Thal :

This pipe would be considered part of the common area and not part of the unit that you own.

Debra Thal :

Why not consult with a lawyer face to face and retain the lawyer to send them a letter?

Debra Thal :

I think that will be all it takes.

Debra Thal :


You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Debra Thal :

Let me know if you need any further clarification.

Customer:

Hi Debra - thanks for your answer. I've told this to the condo corporation and they are sending me the condo by-laws to prove their point. I will get it from them this afternoon - I will send them over to you. Can there be by-laws that state that pipes servicing a unit are the responsability of that unit?

No

What you need to see is the description of what you own.

You should get out your closing documentation.

If you own those pipes then it's your responsibility. That would be highly unusual and that's why the insurance company also believes they are liable and not you.
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