Crack on the balcony who should pay to fix it?

[Mycondo]

Hi everyone,


Who is reponsible to pay for a crack on the balcony when you live in condo. Mine is 3 year old. I believe the tarion warranty covers up to 7 years for major defects in construction. It is not an act of God didn't happen after a storm or something like that.

So where do I start? Should I go to Tarion?

Also, the balcony belongs to me right? I find it a bit confusing...I know the corridor belongs to everyone but the balcony is mine? Is there any reason why Tarion may say that the warranty isn't covering this matter.


thanks for answering.

 

[BobBob]

Balconies are usually common elements (with your "exclusive use" rights), so it's probably the condo that needs to pay to fix it.

 

[Mycondo]

Balconies are usually common elements (with your "exclusive use" rights), so it's probably the condo that needs to pay to fix it.

Thank you very much for the prompt reply.
Do you mean me, the condo company/builder or condo management? Do I still need to go through Tarion or deal just with the management?

 

[Urban Shocker]

I believe the law says that if you find crack on your balcony you can keep it.

 

[Mycondo]

I believe the law says that if you find crack on your balcony you can keep it.

Or give it away to your neighbourd. I don't think it is a big crack but do you mean I should have called the firefighters and police and everyone else? Seriously, I don't know where to start.

 

[DSCToronto]

Thank you very much for the prompt reply.
Do you mean me, the condo company/builder or condo management? Do I still need to go through Tarion or deal just with the management?

The Condo CORPORATION (ie YOU and the other owners) own the common elements. The Corporation (normally) employs a Management Company to run things but you should probably write to the Property Manager AND the President of your Condo Board.

 

[Mycondo]

The Condo CORPORATION (ie YOU and the other owners) own the common elements. The Corporation (normally) employs a Management Company to run things but you should probably write to the Property Manager AND the President of your Condo Board.

Thank you!

 

[W. K. Lis]

Get the Condo Corporation to go after the builder to fix it under the warranty. There may be others with the same problem, so the Condo Corporation has to have a list of problems to be fixed.

 

[Mycondo]

Get the Condo Corporation to go after the builder to fix it under the warranty. There may be others with the same problem, so the Condo Corporation has to have a list of problems to be fixed.

Thanks. This seems to be the best thing as it is a new building of only 3.5 years old. Why would any major construction (wall, ceiling, balcony) have a defect? I don't even have any type furniture even in summer on that balcony because I am a balcony person. I hope the condo corporation will be able to help me...they are not usually that helpful and the board of directors's main focus is to lower all costs and keep more money in the reserve. I don't think they will really care of one person having a problem.
I may have to go to a lawyer hoping he or she won't be more expensive than the fixing.

 

[cacruden]

You should have condo purchase documents that specifically outline the division between your property and the common (corporation) property. You should refer to those documents whenever you have a question on who is responsible.

 

[GenerationW]

I may have to go to a lawyer hoping he or she won't be more expensive than the fixing.

I hope for your sake you find a resolution before it gets to that point. Once a lawyer is involved, there goes half your nerves.

 

[dt_toronto_geek]

Further, if it means proceeding to a lawyer (which is unlikely) the BoD will jump because then they have to hire a lawyer and the cost of such comes out of the yearly budget. If they're smart, they don't want that and I'm quite sure the Property Manager will advise them of such if they choose to go that route.
Finally, if you have a problem this issue may possibly be more widespread than just your balcony so another building audit may have to be conducted.

 

[AGTO]

Why would any major construction (wall, ceiling, balcony) have a defect?

It may not be a defect, it's normal for concrete to crack.

 

[Mycondo]

Thanks to all of your for your suggestions and advices. I hope it is not that bad but I am already scared. I don't know if the crack has been always there since I don't use my balcony.

AGTO, you said it is normal for concrete to crack but is it normal to have it from near the door to the end of the balcony almost between my balcony and my neghbour's it is the same concrete for the two balconies.
This is the end of the week-end so I have to get my acts together I will write to the condo corporation and put it as urgent. I will also contact Tarion to learn about the waranty and what I can expect.

I hope nodody ever heard of problems with balcony concrete. I have no idea how these things are built and I already have fear of height and balconies. Does anyone have something to say to reasure me so that I dont go crazy by the time something is done. Oh how do I wish I was in a house on the first floor!

 

[dt_toronto_geek]

Crack or no crack, balconies are strongly reinforced. It's not going to drop with you on it, so have no fear there.