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Duty to Repair – The Case Study

Patricia Elia, Henry Jansen, Matthew Atkin
Publication date:
January 13, 2022
Article Summary: 

The article presents two case studies from a property manager's perspective, highlighting the importance of proactive planning and professional advice when dealing with structural failures in condominiums. In the first case, a townhouse condominium corporation faced condemned cantilever rear balconies and worked with their lawyer and engineer to develop a replacement plan. The board opted for a cost-effective rear post design balcony funded through a special assessment after conducting a cost-benefit analysis. The management company ensured transparency by holding a town hall meeting to inform owners about the project.

In the second case, a condominium corporation dealt with an imminent failure of a suspended swimming pool. The board engaged professionals, including engineers and lawyers, to assess the risk and develop a funding and construction plan. The property manager facilitated communication with the community and arranged town hall meetings to address owner questions. The corporation promptly replaced the pool shell as it was adequately funded and followed their Reserve Fund Plan.

The legal perspective emphasized understanding the timeline of failure and taking appropriate actions accordingly. In the case of pending failure, seeking professional advice, managing risks, and updating the status certificate were highlighted. For an emergency situation, immediate engagement of professionals, evacuation if necessary, and notifying insurers were essential steps.

The engineer's perspective stressed the importance of a Reserve Fund Study as a long-term maintenance plan for the condo corporation. Regular updates, planning for projects in advance, and allocating sufficient funds for maintenance and repairs were recommended.


Condo, case study, property manager, structural failure, cantilever rear balconies, special assessment, town hall meeting, swimming pool, engineering inspection, Reserve Fund Study, emergency preparedness plan.

Source Citation: 
Patricia Elia, Henry Jansen, Matthew Atkin
Duty to Repair – The Case Study
January 13, 2022
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