COVID-19: The Impact on the Tarion Claim Process

In response to the COVID-19 crisis and its impact on daily life in Ontario, Tarion has responded by acknowledging the potential impact the crisis may have on the ability of condominiums to complete their performance audits, and by committing to review situations where such delay may occur on a case by case basis. While Tarion is not confirming that deadlines applicable to the filing of any performance audits will necessarily be extended, Tarion is expressing a willingness to work with any condominium that is or may be impacted by the COVID-19 crisis in this respect. [Please see Tarion’s Advisory Notice for more information.]

At this time, Tarion has restricted the application of this special consideration to performance audits that are/were due between the period of March 16 to April 13.

If you are a condominium corporation facing potential delay in the completion of your performance audit as a result of the current COVID-19 crisis, Tarion invites you to contact its Common Elements Manager, Bonnie Douglas.

In addition to offering special consideration for delayed performance audits, Tarion has confirmed that the builder repair period is suspended during the period of March 16 to April 13. This means that the builder repair period will not run during this time. As the builder repair period will effectively be lengthened, the deadline for requesting conciliation will also likewise be affected.

Tarion will also be re-scheduling all conciliations, inspections and common element meetings that had been scheduled to take place between March 16 to April 13. These appointments will be rescheduled by Tarion in due course.

Please note:

  1. Any emergency claims (including health and safety concerns) will continue to be addressed by Tarion on an urgent basis, in the normal course.
  1. Timing in respect of any Repair Agreement (or other form of settlement agreement) currently in effect will not be impacted by the above-noted extensions/suspensions of time.

If you are a condominium that is or may be affected by Tarion’s extension/suspensions of time, please don’t hesitate to contact us to assist you in assessing the impact or potential impact on your Tarion warranties.

In the meantime, we will be bringing you more blogs as questions regarding COVID-19 and how it affects various aspects of condominium living keep coming in.

Stay tuned to Condo Law News to keep up to date on the latest developments in condominium law