Tribunal orders builder to repair defective condominium decks built without a revised permit.
The applicant condominium corporation appealed a Tarion Warranty Corporation decision disallowing claims regarding the construction of second-floor decks.
The builder had unilaterally changed the deck design from an open wood deck to a membrane-covered deck without obtaining a revised building permit.
The Tribunal found that the as-built decks were not of equal or better quality than the original design and suffered from numerous defects, including building code violations, improper moisture content, rusting steel, and a leaking membrane.
The Tribunal ordered the builder to perform extensive warranty repairs and provide the required warranties to the condominium board.
OLATOntario Licence Appeal TribunalDec 21, 2012
