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Navigating the Chargeback Matrix

Yulia Pesin
Publication date:
August 2, 2022
Article Summary: 

The article discusses the concept of chargebacks in condominiums, focusing on insurance deductibles. The scenario presented involves a flooding incident caused by a leaking toilet in a unit, leading to water damage in multiple units and common elements. The article explains the legal framework for chargebacks in the Condominium Act, 1998, and outlines the conditions under which a chargeback can be applied. It highlights the importance of a well-drafted insurance deductible by-law that extends the application of chargebacks to the fullest extent permitted by the Act. A properly drafted chargeback by-law simplifies enforcement, maximizes the recovery of chargebacks, and may reduce insurance premiums in the long run. Encouragement is given to condominiums to consider amending their governing documents to include a comprehensive chargeback by-law.


Chargeback, insurance deductible, Condominium Act, water damage, condominium unit, common elements, insurance claim, insurance deductible coverage, condominium board, condominium manager, governing documents, chargeback by-law.

Source Citation: 
Yulia Pesin
Navigating the Chargeback Matrix
August 2, 2022
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