{"id":910,"slug":"tarion-condo-common-elements-performance-audit","title":"Condo common-elements warranty — condo corporation files claims; performance audit in year 1 by board-retained engineer can itself be the warranty form","kind":"reference","scope":"business","status":"current","audiences":["kevin","candid-team"],"topics":["gc-vertical","tarion-warranty"],"reference_body":"**Claim:** Common-element defects are claimed by the **condominium corporation** — not individual unit owners. Coverage starts on the date the corporation is registered (or the amendment date for phased projects). The condo board appoints a designate and submits warranty forms following its **performance audit** — a structural and systems audit conducted in the first year by an engineer retained by the board. The performance audit can itself be submitted as a warranty form.\n\n**Source:** Tarion Registrar Bulletin 02 (Common Elements).\n\n**Confidence:** Verified.\n\n**Not covered as common elements:** Vacant land condos and common-element condos do **not** have common-elements warranty coverage.\n\n**Coverage cap:** For APS on/after Feb 1, 2021, common-element coverage is **$100,000 × units** to a **$3.5M maximum**, project cap $50M — see [[tarion-coverage-caps-post-july-2023-400k-300k]].\n\n**Conciliation for common elements:** Chargeable common-elements conciliations carry a **$3,000+HST** builder charge (vs $1,000+HST for individual units) — see [[tarion-conciliation-chargeable-1000-3000-process]].\n\n**For Candid client work:** Most builder clients won't need atomic detail here, but a condo developer's sales site should mention common-elements warranty coverage as part of the trust-signal package. Buyers of pre-construction condos often don't know the corporation (not them) is the claimant.","rationale_body":null,"metadata":null,"links":{"outgoing":[{"slug":"tarion-conciliation-chargeable-1000-3000-process","title":"Tarion conciliation process — 120-day builder repair, $250 homeowner deposit, $1,000/$3,000 chargeable to builder if any item warranted, 10-year OBD record","kind":"reference","scope":"business","link_type":"relates-to"}],"incoming":[{"slug":"research-brief-tarion-ontario-may-2026","title":"Research brief: Tarion Warranty Corporation — definitive reference (May 2026)","kind":"reference","scope":"business","link_type":"relates-to"},{"slug":"tarion-coverage-caps-post-july-2023-400k-300k","title":"Tarion coverage caps: APS on/after July 1, 2023 — $400K freehold / $300K condo unit / $100K × units common elements to $3.5M cap; $50M project cap","kind":"reference","scope":"business","link_type":"relates-to"},{"slug":"tarion-condo-conversion-rccp-pre-existing-excluded","title":"Residential Condominium Conversion Projects (RCCPs) — Tarion covers post-2018 conversions but pre-existing elements (façade, foundation) excluded from year-1 workmanship","kind":"reference","scope":"business","link_type":"relates-to"}]},"created_at":"2026-05-24T14:19:39.485Z","updated_at":"2026-05-24T14:19:39.485Z"}