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Real Estate:The Oakville Beaver, Wednesday, Feb. 9, 1994 â€" 10 Â¥p :: es S e Who pays deductible when unit owner stains carpet? Dear Condo Fax: We‘re having a hassle with insurance companies over a claim made by one of our unit owners. It appears that, while vacuumâ€" ing the rug in her unit, she knocked over a large plant which, upon hitting the floor,â€" caused a large stain to her carpet. The cost of cleaning the carpet was expensive, being over the amount of the deductible on her unit insurance policy. Since the carpet was part of the asâ€"built unit when turned over the the unit owner, she claims that it should be covered with the corporation‘s insurance and that it was up to the corporation to pay the deductible which comes to $1,000. She makes this claim under Section 27 (1) of the Condominium Act â€" "The corporation shall insure itself and the units" and, therefore, it is up to us to pay her the deductible t w 67 Lakeshore Rd. W. | *" 338â€"9000 amount. Are we liable? Concerned Dear Connie: The deductible clause, the dictionary tells us, is one in an insurance policy stipuâ€" lating that the insured will be liable for a specified initial amount of each loss, injury, etc. and that the insurance company will be liable for any excess up to the insured amount. It‘s quite true that the corporation insures the units and the common elements and that one can claim the carpet was part of the unit as turned over to the owner and, s 3 Sales Rep. F FAME therefore, part of the common elements. However, where, under Repairs and Maintenance, the Act says the corporation must maintain the units, every owner must maintain and repair the common elements or any particular. Since the owner admits she caused the damage, it is her responsibility to pay for the repair through her Condominium Package Policy (i.e. the deductible). Even: though she can rightly claim that the carpet was part of the common elements and: could be considered under the corporation‘s insurance policy, there is another factor which has to be taken into account. She must maintain and repair those parts of the common elements which are for her excluâ€" sive use. (Sec. 41 (5) (d). In our own complex, we have had severâ€" € NC al situations where an owner has driven into a garage door and the cost of repairs has had to be covered by either the owner‘s insurance or personal expense. And if this has not been done, then if the corporation has to make the repairs that the owner should have done but didn‘t, then the cost of the repairs shall be added to the owner‘s contribution towards common expenses. The Board should not be afraid to take this action, for fear is like a dark room where negatives get developed. Condofax welcomes your questions about condominiums and can be reached through the Oakville Beaver at 467 Speers Rd., Oakville, Ontario LGK 384 or by callâ€" ing The Golden Horseshoe Chapter of the Canadian Condominium Institute (CCI) at 905â€"521â€"8144. DEBBIE ZARDO ADRIANO FERREIRA Miller Real Estate Ltd. REALTOR 467 SPEERS RD. INâ€"LAW SUITE $172,900. 3 Ige. bdrms., bungalow. Oversized single garage. Good condition. ENTâ€"IMMED. POSS. $1,300/mthly. 3 bedrooms. Family room wi/fireplace. Garage. Large fenced lot. SCV %..% NoR oOs % NX s 0s N 9N 0R 080808 NUR K * oX oR s o% 0s BRICK BUNGALOW WITH 6 ACRES # e 2 2o# 2 20 x s % Asking $159,900. Barn. Fruit trees grapes. * * * * * * ~ IMMEDIATE POSSESION Anxious to sell. Try your offer. Large 5 level, 4 bedroom, spotless, renovated, close to downtown. $219,900. Can be rented for $1,300.00. % % % * % % % N % N * % % N N % % % * % % Tss FOR RENT Store on Kerr St. 1,000 sq. ft. Vacant. No Question About