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Condo Windows (interior side) and Tarion Warranty

416ForLife

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Is my understanding correct that scratches on the interior side of windows are covered under homeowner Tarion warranty rather than under the warranty for common elements.
A builder is telling me that scratches on the inside of the condominium window in the unit are not covered under PDI and 30-day warranty but will be only covered under a technical audit of the common elements. As per definition below, interior side of window is part of the unit boundary.

Does anyone have any perspective on this?

This is in consideration of the residential unit boundaries as defined below:

Each Residential Unit shall be bounded horizontally by:

i) The back side face of the drywall sheathing and the production thereof on all exterior walls or walls separating a unit from the common elements.

ii) The unfinished unit side surface and plane of the exterior doors and windows (said
doors and windows being in a closed position), door and window frames and the
unit side surface of any glass or acrylic panels located therein.

iii) In the vicinity of suspended ceilings, bulkheads, ducts, pipe spaces and concrete
columns, the unit boundaries are the back side face of the drywall sheathing and the
production thereof, enclosing said suspended ceilings, bulkheads, ducts, pipe
spaces and masonry structural columns and walls.
 

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