Water Damage to the Apartment Below: Why You Cannot Arrange the Repairs

A water leak from your condo damages the ceiling or walls in the unit below. Management investigates the damage and sends you a repair quote.

You may think:

“This quote is too expensive. My friend can fix it for less.”I know a handyman.”

I can repair and paint the ceiling myself.”

This reaction is understandable. However, you cannot send a friend, hire your own handyman, or complete DIY repairs inside someone else’s apartment.

The Unit Below Is Not Your Property

Even when the water came from your condo, the apartment below belongs to another owner.

You do not have the right to enter the unit, bring in a contractor, remove damaged materials, or decide how the repairs will be completed.

The affected owner and condominium corporation must approve and coordinate access to the unit and the repair work.

Paying for the damage does not give you control over another owner’s apartment.

The Contractor Must Meet Condominium Requirements

Condominium management cannot allow an unknown or unapproved person to complete repairs inside the building simply because that person offers a lower price.

A contractor may be required to provide:

• Commercial liability insurance

• WSIB coverage or a valid clearance

• Appropriate trade qualifications

• Safety documentation

• Experience with water-damage repairs

• A written scope of work

• A warranty

A friend or informal handyman may be skilled, but they may not carry the insurance, documentation or qualifications required by the condominium corporation.

If that person is injured, damages the unit, affects electrical or plumbing systems, or causes another leak, the situation can become much more expensive.

The Repairs Must Be Warrantied

Management’s contractor is expected to provide a written quote, invoice and warranty for the completed work.

If the drywall cracks, paint begins to peel, moisture remains behind the ceiling, or the repair fails, the condominium corporation must be able to require the contractor to return and correct the work.

A cash repair completed by a friend or handyman may offer no written warranty and no protection if something goes wrong.

Water Damage Is Not Always Cosmetic

A water stain may look like a simple painting job, but there may be moisture behind the ceiling or wall.

The repair may require:

• Moisture testing

• Removal of damaged drywall or insulation

• Drying

• Mould prevention or treatment

• Electrical inspection

• Drywall replacement

• Priming and painting

• Final cleaning

Painting over a stain without confirming that the area is dry is not a proper repair.

It may hide the damage temporarily while moisture remains inside the ceiling or wall.

Why Repairs for Water Damage to the Apartment Below Can Be Expensive

A professional condominium repair quote includes more than drywall and paint.

The price may include:

• Inspection and project coordination

• Protection of floors, furniture and common areas

• Removal and disposal of damaged materials

• Several contractor visits

• Drying time between repair stages

• Building access and elevator coordination

• Insurance and safety requirements

• Final cleaning

• Warranty coverage

A handyman may quote only for painting the visible stain. Management’s contractor must complete and stand behind the entire repair.

Insurance May Be Involved

Water damage in a condominium may involve:

• The condominium corporation

• The owner of the damaged unit

• The owner of the source unit

• The corporation’s insurer

• The unit owners’ insurers

The condominium’s declaration, by-laws and standard unit definition help determine which damaged components are the corporation’s responsibility and which belong to the unit owner.

Private or unapproved repairs may interfere with the insurance process, remove evidence of the damage or create disagreements about whether the unit was properly restored.

The Main Rule

When water from your condo damages the apartment below, you may be responsible for the repair cost.

However, you cannot send a friend, hire an unapproved handyman, or complete the work yourself simply because management’s quote appears expensive.

The repairs must be properly coordinated, completed by an approved and insured contractor, documented and covered by a warranty.

You may be paying for the repairs, but the unit below is still someone else’s property.

This article provides general information about Ontario condominiums and is not legal or insurance advice.