The regular claims process for Common Elements

Once a designate has been approved, condominium corporations can use Tarion’s MyHome online portal to easily submit warranty claims online and manage the Performance Audit Tracking Summary. Alternatively a claim may be submitted to commonelements@tarion.com. There are three periods during which a claim can be submitted, for information on each, visit our page on Common Elements claims timeframe.

The builder is required to resolve all items submitted as part of a common elements warranty claim that are covered under the warranty. The builder’s deadline for resolving items submitted on a First Year Common Elements Form and Second Year Common Elements Form ends 18 months after the anniversary of registration.

During this time, referred to as the “initial repair period”, the condominium corporation is required to provide the builder with reasonable access during regular business hours to complete repairs. Tarion is available on an informal basis to provide information to the condominium corporation at any time. If the builder does not resolve all items covered under the warranty by the end of this time, the condominium corporation may request Tarion’s assistance in the form of conciliation.
 


Conciliation is a process where Tarion assesses the items on a condominium corporation’s warranty form and decides whether they are covered under the warranty set out in the Ontario New Home Warranties Plan Act. The condominium corporation may request a conciliation by completing the Common Element Request for Conciliation Claim Form at any time within 60 days following the end of the builder’s initial repair period.


There is a $1,130 fee ($1,000 plus HST) for the conciliation, which is refunded to the condominium corporation if Tarion determines that one or more items is covered under the warranty.

After the conciliation, Tarion will issue a report outlining whether the items inspected are covered under the warranty.

After Tarion completes its conciliation (refer to Step 4) of your warranty claim, we will send the condo corporation and vendor/builder a copy of our Conciliation Assessment Report. The report will tell you whether the items we assessed are covered under the warranty, and if they need to be resolved by your builder.

If the report contains items that Tarion has determined are not covered by the warranty, your builder is not required to take any action on those items. For more information visit our conciliation page.

Tarion will contact the condominium corporation 90 days after the date of the report to confirm that all the items warranted in the report have been repaired or otherwise resolved by your builder. If any warranted items are not resolved to the satisfaction of the condominium corporation, Tarion will schedule a claim inspection or complete a desk assessment. The purpose of the claim inspection or desk assessment is to determine if your warranty claim has been resolved by your builder in an acceptable manner. If there are any unresolved warranted items after the 90-day post-conciliation repair period, Tarion will resolve them directly with the condominium corporation by way of a settlement. For more information on how claims are resolved by Tarion, visit our Claims Resolution section. If you’ve completed the regular claims process and still require assistance, visit our page on Alternative Methods for Resolving Claims below.