Condo owners are typically responsible for emergency repairs and maintenance of their in-suite heating, air conditioning, and ventilation (HVAC) systems, including fan coils, heat pumps, ERV, bathroom fans, exhaust fans, and other in-suite appliances.

While buildings may generally conduct complimentary annual or semi-annual maintenance, cleaning, and filter change, this is not a requirement but rather done for the common good. It’s essential to review specific documents outlining these responsibilities, such as the declaration, by-laws, and rules.

Condo bylaws will determine whether your current HCAC system is part of common elements.

The declaration and description of responsibilities, encompassing common elements and non-common element systems in condo buildings, are outlined in the condo by-laws. These by-laws are specified in the Condominium Declaration Act, and the board of directors passes them. As a condo owner, you should find a list of exclusive use common elements for specific units, along with a statement of shared everyday expenses for common elements. By-laws and rules, crucial for the administration and management of the condominium corporation, also specify matters subject to by-laws and restrictions and guidelines for unit owners.

While condo owners are generally responsible for in-suite heating and air conditioning repairs, it’s important to note that there are cases where the corporation may own and take responsibility for in-suite HVAC repair & replacement in a building. If you’re uncertain about who is responsible for the repair and maintenance of your in-suite heating and air conditioning system, it’s best to study your condo corporation declaration rules and regulation documents.

Ultimately, condo owners and property managers need to understand their responsibilities regarding in-suite heating and air conditioning repairs. By reviewing the relevant documents and seeking guidance where necessary, you can ensure that your HVAC system is properly maintained and repaired and that you’re in compliance with applicable laws and regulations.