Preventative Maintenance and Proper Signage:
Protecting the corporation from garage door-related claims.
Has it happened in your building lately? Residents and/or their
guests drive through the wrong garage door, they
"piggyback" behind another car, or cavalierly attempt to
"beat" the door as it descends. A car gets damaged, and
the driver sues the corporation for the repairs. The condition of
the garage door always comes into question. To protect itself
against liability, corporations should ensure their garage doors
are routinely inspected, maintained, and repaired as required.
Having a Preventative Maintenance Program is best. Property
Management should retain copies of all service records and keep a
paper trail of any work done on the garage doors. Having clear
signage posted in the garage is helpful to direct traffic, and to
remind drivers to engage their fob keys each and every time they
use the doors. It will also protect the corporation from liability
as the corporation is only liable for the damage incurred if it
failed to properly maintain the door.
Tarion claims in fully unitized townhouse condominium
developments: In certain townhouse condominium
developments, the entire townhouse - including the exterior
envelope and roofs - may be part of the unit and not common
elements. When this is the case, it is important that all affected
townhouse owners report envelope issues as part of the Tarion unit
claims process. If owners do not report these claims, they run the
risk that their unit may not be covered by the Tarion New Home
Warranty Program and only those who report the problem will have
their deficiencies repaired. Check with your lawyers for a clear
definition of what is included as part of the unit and what is
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.
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Russell v. Township of Georgian Bay provides a useful reminder of the fact that while municipal officials sometimes appear to hold all of the cards in disputes with home owners, that is not always the case.
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