CPA · Condominium Property Regulation
Part 6 — Insurance
62.4 Recovery of amount of deductible
insurance deductible from an owner in accordance with this
section.
(2) A corporation is not required to file an insurance claim in order
to recover up to the amount of the corporation's insurance
deductible from an owner.
(3) Subject to subsections (4) and (6), an owner, on demand by the
corporation, is absolutely liable to the corporation for an amount up
to the corporation's insurance deductible for damage that originates
in or from the owner's unit or an exclusive possession area
assigned to the owner.
(4) Despite any bylaw to the contrary, a corporation must not
require an owner to pay an amount greater than $50 000 under this
section.
(5) A corporation may recover an amount under subsection (1)
from an owner by
(a) an action in debt, or
(b) levying a contribution under section 39(1) of the Act, if
permitted by the bylaws.
(6) An owner is not liable to a corporation under this section for
(a) damage that occurred because of a defect in the
construction of the unit or exclusive possession area
assigned to the owner,
(b) damage attributable to an act or omission of the
corporation, a member of the board, officer, employee or
agent of the corporation or any combination of them, or
(c) damage that occurred as a result of normal structural
deterioration of the common property, the managed
property or the real property of the corporation, other than
property that the owner was responsible to repair or
maintain.
(7) Nothing in this section shall be construed to affect a civil
action or other remedy at law of an owner or a corporation against
a person who is responsible for damage to property, including
damage to property caused through wilfulness.
AR 154/2019 s26;23/2026
Section 62.5 AR 168/2000