Q. In mid-August, the owner/tenants in the unit above my condo had a problem with their bathroom faucet and a substantial amount of water leaked through my bathroom ceiling and walls.

There was significant damage to the floors in my condo, the repair for which is covered by my insurance. However, the moisture in the walls and ceiling is actually an issue that needs to be addressed by the condominium corporation.

The condo corporation sent a technician who determined that there was no mould by cutting out portions of the ceiling and walls. How can I be sure that everything is fine?

A: Your situation is quite common due to the proliferation of condo dwellers. The condo corporation has determined that the damage did not develop into a mould problem. The question is: do you rely upon their technician?

 

I would be inclined to personally hire a licenced mould inspector.

If they came to the same conclusion then that should be the end of the issue (who pays for this is a matter between you and the condo corporation).

However, if the inspector does find mould, there will be a need for rehabilitation which can be a costly and time consuming process.

The interior state of the walls in a condo is generally the responsibility of the corporation but they may have a potential claim against the unit owner above your condo because the leak may have been caused by negligence (simply running the tap).

This is why that is extremely important for all condo owners (and apartment dwellers) to have an insurance policy that covers this type of problem. Good luck and let’s hope there is no mould.



Jeffrey Cowan is the principal of Cowan Law and can be reached at jeff@cowanlaw.ca.

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