Are you aware that the Condominium Corporation is responsible for the repairs of leaks in units?
In the Fall edition of CM Magazine, a legal case review by Eric Laxton of Chappell Partners LLP discusses Ryan v. York Condominium Corporation No. 340, 2016 ONSC 2470 (April 2016). The case illustrates the duty a Condominium Corporation (delivered by the Property Manager) owes to each Owner to address moisture penetration in a timely manner, and to ensure that repairs are indeed effective. The court decision affirmed an Owner’s right to appeal to the Superior Court in cases where the actions of the Corporation are not effective. This is usually the end result of an ongoing dispute and will leave lingering acrimony among residents and between the Owner and the Board. Although a resolution is reached, sometimes by legal edict, there is another way.
What have You tried? Called your trusted contractor? Sent the building Superintendent to hazard a few guesses? Sometimes, a repair is obvious, but in the case of issues that lead to legal action, the obvious answer does not resolve the issue. Difficult to resolve leaks are typically the result of more complex leakage pathways and under conditions that cannot easily be mimicked. It is important to have a complete understanding of the issue, know how the building is constructed, and have the patience to identify leakage pathways in order to reach a permanent resolution.
Don’t be fooled by false bravado. Resolving moisture penetration issues requires a careful analysis of the timing of the event, the wind direction, rain intensity and building orientation. This may even require reviewing historical weather records to confirm conditions, including wind information. Speaking directly to the person affected by the issue can reveal more detailed information than has been communicated to the Property Manager. The affected resident KNOWS when it happens – they live it.
It also helps to have xray vision. Or at least an understanding of the wall or window construction that will enable an assessment of the potential pathways that moisture can travel. Dissimilar materials, junctions in types of construction or window systems, and building geometry all presents areas where moisture management details are difficult to implement, or where normal building aging can impact construction durability.
Although water is still acted on by gravity, wind pressures have a significant impact on how or even whether moisture is drawn into a building. Wind and rain intensity also make a difference, and often small gaps and holes can permit large amounts of moisture to enter a building under certain driving rain, or even melting, conditions. For this reason, testing must occur under similar conditions. It is not enough to simply apply water using a hose, and any water test must be of sufficient duration to mimic the large amounts of moisture present during an environmental event. It is difficult to mimic Mother Nature without using a fire hose!
During a water test, a methodological approach is needed to properly identify the leak source. From the understanding of the building construction, the tester can determine an approach to applying water that will systematically eliminate potential pathways. The time at each location is critical; the tester must allow sufficient time to know that once water is detected that it came from that source. Sometimes it can take an hour for water to appear, and if the tester has changed locations, a false conclusion could be reached.
Part of a complete approach is to repair the defect, sometimes temporarily, and then re-test. This ensures that the repair was complete and successful. Often with difficult repairs, re-testing is the only way to ensure they are successful. A complete test will include the right tools to mimic the wind driven rain conditions, and to assess the performance of the building envelope and its impact on interior conditions.
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One poignant recent success was in a suite where the owner had her baseboards in the living room off for almost two full years, some six years after the building had been constructed and occupied. Moisture penetration had been occurring the entire time, and the Owner was fed up with repairs. Past repairs had not addressed the issue. It took testing and repairing FOUR different issues related to the wall construction and patio door system installation, over a period of 3 months, to fully address all moisture penetration issues.
Another significant success involved an Owner’s master bedroom that had flooded regularly for eight years, despite multiple repair attempts. This had led to this Owner becoming elected to the Board and applying significant pressure to the property manager and other Board members, straining relationships at the Corporation. Our calm and measured approach identified and resolved three separate issues relating to the masonry wall construction, and a unique “window washing” feature of the aging window systems.
In both cases, a disciplined approach to water testing, including suite depressurization and the methodological application of water was necessary to identify the sources of moisture penetration. Re-testing after repairs was important to ensuring the complete resolution of each source. A patient and consistent approach revealed the underlying building construction issues creating each source. Thorough knowledge of building components and repair detailing resulted in a successful resolution.
