The declaration of an Ontario condominium leaves the Act's default maintenance and repair duties unchanged. The kitchen faucet inside a unit wears out through ordinary daily use. Who is responsible for fixing it?
Correct Answer
B) The owner, because maintaining a unit includes repair after normal wear and tear
Under s. 90(1) of the Condominium Act, 1998 each owner maintains the owner's unit, and s. 90(2) says the obligation to maintain includes repair after normal wear and tear. The corporation's duty under s. 89 is to repair units after damage, which does not cover ordinary wear. Unless the declaration reallocates these duties under s. 91, the owner fixes the worn faucet.
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Sarah owns a life estate in a property with her son John as the remainderman. Sarah wants to sell the property to pay for medical expenses. What are her rights?
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Under Alberta's Land Titles Act, a caveat has been filed against a property. What is the primary legal effect of this registration?