The garage door closes and a resident’s motor vehicle is
damaged. Who is responsible for the damage to the motor vehicle? Is
it the resident or the condominium corporation? This question
arises all too often in a condominium setting.
As a matter of law, it is important to state that a condominium
corporation’s statutory obligations of repair and/or
maintenance do not make it an insurer. The obligation of the
condominium corporation is to do what is reasonable in carrying out
its statutory duty of repair and maintenance. There is no
standard of strict liability or absolute perfection on the part of
the condominium corporation in carrying out this statutory
duty. The same applies with respect to the fact that, as per
section 26 of the Condominium Act, 1998 (Ontario), the
condominium corporation is deemed to be the “occupier” of
the common elements of the condominium property. Once again,
the standard applied to an occupier is one of reasonableness, not
perfection.
The law does not create a presumption of negligence and
resultant liability for damage against an occupier by the mere fact
that a person is injured, or property is damaged, on its
premises. Before liability can be established, there must
also be evidence of some act, or failure to act, on the part of the
occupier, either direct or reasonably inferred, which caused the
injury or damage complained of.
If there is no evidence of any defect with respect to the
operation of the garage door or opening mechanism that would have
in any way directed the condominium corporation to the need to
inspect and/or repair the garage door or opening mechanism, then it
is reasonable to conclude that the condominium corporation is not
liable.
In addition, there are often obligations in condominium
declarations which require unit owners to obtain insurance for
personal property, including motor vehicles. These provisions may
also include waivers of subrogation against the condominium
corporation.
In short, unless a condominium corporation had knowledge that a
garage door or opening mechanism needed maintenance or repair work
to function properly, in most cases it will be the resident that is
responsible for any damage to the motor vehicle.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.