Windstorm of May 21, 2022

Experts are advising that exceptional windstorms, such as the “derecho” that impacted Ontario and western Quebec on May 21, 2022, may not be so exceptional in future. This is one of the unfortunate consequences of climate change.

As noted in Section 99 of the Condominium Act, condominium corporations are obligated to arrange insurance covering the common elements and standard units for various types of perils, including “windstorm”.

So, for any condominium corporations that suffered damage from the recent windstorm (including damage to trees and related required clean-up as well as damage to any buildings, and also physical damage due to loss of hydro), the damage should generally be covered by the condominium corporation’s insurance, subject of course to the applicable deductible under the corporation’s policy and subject to any specific exclusions under the policy.

Responsibility for any windstorm damage (to the common elements or standard units) falling within the corporation’s deductible would be the corporation’s responsibility under Section 105 of the Act, unless the corporation has a by-law stating otherwise (pursuant to Section 105 (3) of the Act).

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