Often when there is a leak in a condominium unit, there is an assumption that the leak emanated from the unit directly above. However, this may not necessarily be the case. In a recent case, Roa v. TSCC No. 1764, a condo unit owner sued the condominium corporation after the corporation registered a lien against his unit (suite 602) for non-payment of repair costs relating to a leak in the unit below (suite 502). The corporation took the position that the unit owner was responsible for these repair costs as he failed to properly maintain his unit, and in particular, the ensuite shower in the unit. Read the article…………..
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