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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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Back in 1996, my wife and I purchased an artist live-work

Customer Question

Hello. Back in 1996, my wife and I purchased an artist live-work loft near St. Clair Avenue West being developed from an old factory. Those of us who purchased lofts on the top floor were offered the opportunity to buy roof rights and an exclusive-use roof top deck for an additional nine thousand dollars. This deck would be built by the company renovating the factory. It also included a staircase inside the loft leading to this deck via what was called a "dog house." Two years later the roof developed significant leaks and the board hired a roofing company to fix the leaks. They disassembled the decks, fixed the leaks and did a really poor job of putting ours back together. with many pieces left over which remain on the deck to this day. Our deck is in a state of collapse and about to crash onto the roof. The management company has taken the position that the rebuilding of the deck ck is our responsibility and refused to have it rebuilt at the corporation's expense, even though they have re-roofed and re-clad the dog house at the condo-corp's expense. years ago.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I'm in the city of Toronto in Ontario. I have read the condominium act cover to cover several times and found no section that applies to this case.
JA: Has any paperwork been filed?
Customer: Only with the condo corp. I found a document with our original purchase papers that clearly states that with exclusive-use common elements the owner was responsible for cleaning and the corporation was responsible for maintenance.
JA: Anything else you want the lawyer to know before I connect you?
Customer: How do we go about getting a court to rule on this?
Submitted: 1 month ago.
Category: Canada Law
Expert:  Debra replied 1 month ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 1 month ago.

I want to see if I understand this correctly.

You actually do not own your roof and deck. This is a common element bur you purchased a right to use these exclusively. Is that correct.

But the condo corp is saying you have to pay for the repairs because you have exclusive use?

And they agreed to pay for the dog house as you don't have exclusive use of it?

Customer: replied 1 month ago.
This is a condominium building. There are 27 condominium apartments (lofts) in this building. We the owners of individual units collectively own all of the elements of the building through the condominium corporation. This is a very common form of housing in Canada.
Expert:  Debra replied 1 month ago.

I am a senior lawyer in Toronto. I know what a condo is of course.

I am not asking for you to explain how the condo is structured. I am asking about their reasoning. I am asking why if these are common elements are they saying they are not responsible and is it because you have exclusive use?

Expert:  Debra replied 1 month ago.

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!