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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100977
Experience:  Lawyer
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I own a ground floor condo in Calgary, Alberta that has renters

Customer Question

I own a ground floor condo in Calgary, Alberta that has renters occupying it. 2 months ago, the unit above mine had a leak in it's radiant heat which caused flooding and damage to our master bedroom walls and flooring. Note that the entire condo has matching hardwood flooring throughout each room.
After weeks and weeks of ignorance from our condo management company, they finally had an estimate done for the cost of the work and agreed to pay that amount.
Fast forward to 2 months later - the work has not been done yet and the current issue is that the existing flooring in the master bedroom is no longer available. Because I believe that the value of my condo would decrease if our hardwood does not match, I feel that all of the flooring needs to be replaced rather than just the room with damage to void mismatched flooring.
The condo board will not pay above the amount of the estimate and submitted the claim for full flooring to their insurance. We're stalled now waiting for insurance and hear that it's highly unlikely they will pay to cover the cost of re-flooring everything.
On top of this our tenants are living in a demo zone with ripped up floors and holes in walls (from the original estimator that they hired) and they are very unhappy. I've reduced their rent to keep them from moving out and am at a total loss.
What do I do? Sue the condo? Go through the insurance of the unit above?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Who owns the radiant heat system? The condo or the unit owner?
Customer: replied 2 years ago.

it is owned by the condo, not the tenant above.

Expert:  Debra replied 2 years ago.
The the condo is liable for all damages you incur. The law is that they must put you in the position you would have been in had this not happened. They cannot decide how much to pay. So you should have a lawyer send them a letter demanding full compensation and threatening a lawsuit and if that doesn't work your next step would be to sue them unfortunately. It is not at all likely to get that far though as they will lost in court and will be told that once they see a lawyer.
Customer: replied 2 years ago.

Where do I find the law you are talking about in writing? That they must put us in the same position had this not happened?

Thanks so much!

Expert:  Debra replied 2 years ago.
I don't know where you can find this but this is basic tort law and/or contract law. It is simply how damages are calculated by a court for all matters really.