Condo Townhome Landscaping

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Condition: CE 9.1: Settlement of Sidewalks, Driveways And Roadways
Article Type: Common Element
Article Number: 9.1
Performance: Sidewalks, driveways, roadways and similar areas shall be constructed to prevent shifting or settlement that causes damage or affects intended use.
Warranty: One -Year – Work and Materials
Action: Components not meeting the acceptable condition shall be repaired.

Condition: CE 9.2: Landscaping Incomplete or Not According to Design
Article Type: Common Element
Article Number: 9.2
Performance: The landscaping shall be completed according to the design and for more clarity, according to the landscape drawings approved by the municipality.
Warranty: One -Year – Work and Materials
Action: Landscaping not meeting the acceptable condition shall be repaired.

Condition: CE 9.3: The Shrubs, Tree(s), Plants, or Sod Have Died
Article Type: Common Element
Article Number: 9.3
Performance: Landscaping plants supplied and installed by the builder and properly maintained by the condominium corporation shall be alive for the warranty period.
Warranty: One -Year – Work and Materials
Action: Plantings not meeting the acceptable performance requirements shall be replaced.

Condition: CE 9.4: Deteriorated Concrete Curbs and Sidewalks
Article Type: Common Element
Article Number: 9.4
Performance: Concrete curbs and sidewalks shall not disintegrate to the extent that the aggregate is exposed.
Warranty: One -Year – Work and Materials
Action: Curbs and sidewalks not meeting the acceptable performance requirements shall be repaired.

Condition: CE 9.5: Ponding On Pedestrian Walkways and Driveways/Roadways
Article Type: Common Element
Article Number: 9.5
Performance: Driveways and roadways that are designed to drain shall be constructed so that water drains off these surfaces without creating ponds which remain 24 hours after the rain event. Pedestrian sidewalks that are designed to drain shall be constructed so that water drains off these surfaces without creating accumulation/ponding that might create a safety hazard.
Warranty: One -Year – Work and Materials
Action: The surfaces not meeting the acceptable condition shall be repaired.

Condition: CE 9.6: Landscaping Not Sloped Away From Foundation Or Building Walls
Article Type: Common Element
Article Number: 9.6
Performance: Landscaping shall be graded to prevent drainage towards the foundation or building walls.
Warranty: One -Year – Work and Materials. One - Year – Ontario Building Code Violations
Action: Surfaces not meeting the acceptable condition shall be repaired.

Condition: CE 9.7: Exterior Handrail/Guard/Fence Finish Deteriorated
Article Type: Common Element
Article Number: 9.7
Performance: Handrail, guard and fence finishes shall remain intact for the warranty period.
Warranty: One -Year – Work and Materials
Action: Finishes not meeting the acceptable condition shall be repaired.

Condition: CE 9.8: Retaining Wall Shifting
Article Type: Common Element
Article Number: 9.8
Warranty Year(s): One Year
Performance: Retaining walls must remain in place without shifting in a manner which affects performance.
Warranty: One-Year - Work and Materials
Action: Retaining walls not meeting the acceptable performance requirements shall be repaired.

Condition: CE 9.9: Leakage Through Concrete Retaining Walls and Concrete Planter Walls
Article Type: Common Element
Article Number: 9.9
Warranty Year(s): One Year
Performance: Concrete retaining walls or planter walls shall not display water seepage unless the walls are designed to accommodate seepage without causing damage to the exposed finishes.
Warranty: One-Year - Work and Materials
Action: Walls not meeting the acceptable performance requirements shall be repaired.

Condition: CE 9.10: Water Ponding on Landscaping
Article Type: Common Element
Article Number: 9.10
Performance: The site shall be graded to shed water in accordance to the requirements of the design. Where no grade is specified in the design for a slope, a minimum gradient of 2% is considered acceptable; sod or graveled areas may have a minimum gradient of 1%.
Warranty: One -Year – Work and Materials
Action: Site grading shall meet the acceptable condition by conforming to a municipally approved grading plan/site plan, where applicable.

Condition: FH 14.7 : Asphalt or Concrete Driveway has Cracked
Article Type: Freehold
Article Number: 14.7
Warranty Year(s): One Year
Performance: Cracks are acceptable if caused by factors other than a defect in work or materials provided by the builder.
Warranty: One-Year - Work and Materials• Damage resulting from normal shrinkage of materials caused by drying after construction, improper maintenance, normal wear and tear, subsidence of the land around the building, or alterations, deletions, or additions made by the homeowner is not covered by the statutory warranty.
Action: Cracks not meeting the acceptable condition shall be repaired.

Condition: FH 14.13: Settling, Heaving or Separating of Landing or Steps
Article Type: Freehold
Article Number: 14.13
Warranty Year(s): One Year
Performance: Stairs and landings supported by a foundation shall not heave, settle or separate from the main building more than 25 mm. Stairs and landings not requiring a foundation are not restricted from movement.
Warranty: One-Year - Work and Materials. Two-Year - Ontario Building Code Health & Safety Violations. · Settlement and subsidence of the land around the building or along utility lines, other than subsidence beneath the footings of the building, is excluded from the statutory warranty. · Damage resulting from normal shrinkage of materials due to drying after construction is not covered by the statutory warranty.
Action: Stairs, landings and decks not meeting the acceptable performance shall be repaired.

Condition: FH 14.14: Exterior Deck Is Springy Or Shaky
Article Type: Freehold
Article Number: 14.14
Warranty Year(s): One Year
Performance: Exterior decks shall be designed and installed in accordance with the Building Code.
Warranty: One-Year - Work and Materials. Two-Year - Ontario Building Code Health & Safety Violations
Action: Decks not meeting the acceptable performance shall be repaired.

Condition: FH 14.15: Exterior Deck Railing is Shaky
Article Type: Freehold
Article Number: 14.15
Warranty Year(s): Two Year
Performance: Exterior deck guards shall be designed and installed in accordance with the Building Code.
Warranty: Two-Year - Ontario Building Code Health & Safety Violations. · Damage resulting from improper maintenance or additions, deletions or alterations made by the homeowner is excluded from the statutory warranty.
Action: Exterior deck railings and guards not meeting the acceptable performance shall be repaired.

Condition: FH 14.16: Deck Board Spacing is Not Uniform
Article Type: Freehold
Article Number: 14.16
Warranty Year(s): One Year
Performance: Deck boards forming the walking surface shall be spaced to provide a generally uniform appearance.
Warranty: One-Year - Work and Materials. · Normal shrinkage of materials due to drying after construction is not covered by warranty.
Action: Deck boards not meeting the acceptable condition shall be repaired.

Condition: FH 14.17: Exterior Wood Handrails Have Slivers
Article Type: Freehold
Article Number: 14.17
Warranty Year(s): One Year
Performance: Handrail surfaces meant to be touched shall not have slivers that prevent the handrails from being grasped.
Warranty: One-Year - Work and Materials. · Damage resulting from normal wear and tear is excluded from warranty.
Action: Handrails not meeting the acceptable condition shall be repaired.

Condition: FH 14.18: Exterior Deck Is Out of Level
Article Type: Freehold
Article Number: 14.18
Warranty Year(s): One Year
Performance: Exterior decks may slope away from the building a maximum ratio of 50 mm in 3,600 mm to shed water.
Warranty: One-Year - Work and Materials
Action: Exterior decks not meeting the acceptable condition shall be repaired.

Condition: FH 14.19: Floor Decking Boards Are Split, Warped or Cupped
Article Type: Freehold
Article Number: 14.19
Warranty Year(s): One Year
Performance: Floor decking boards may split with exposure to the natural environment. Floor decking boards shall be fastened securely to minimize warping and cupping.
Warranty: One-Year - Work and Materials. · Damage resulting from improper maintenance, normal shrinkage of materials due to drying after construction, or additions, deletions or alterations made by the homeowner is excluded from the statutory warranty.
Action: Floor decking boards not meeting the acceptable condition shall be repaired.

Condition: FH 14.20: Stain Colour Variation on Wood Deck
Article Type: Freehold
Article Number: 14.20
Warranty Year(s): One Year
Performance: Stain on a wood deck shall appear generally uniform in colour. Colour variations are acceptable when changing from the horizontal plane to the vertical plane (i.e., from a vertical guard or fence to a horizontal deck).
Warranty: One-Year - Work and Materials. · Damage resulting from improper maintenance or additions, deletions or alterations made by the homeowner is excluded from the statutory warranty.
Action: Stain colour not meeting the acceptable performance shall be repaired.

Condition: FH 14.21: Nailheads Stick Up On Deck Surface
Article Type: Freehold
Article Number: 14.21
Warranty Year(s): One Year
Performance: Nailheads shall be set generally flush with the adjacent deck surface.
Warranty: One-Year - Work and Materials. · Damage resulting from shrinkage of materials is excluded from the statutory warranty.
Action: Nailheads not meeting the acceptable performance shall be repaired.

Condition: FH 14.22: Stains on Exterior Decking From Nailheads
Article Type: Freehold
Article Number: 14.22
Performance: Nails will discolour or rust with exposure to the natural environment.
Warranty: None
Action: None

Condition: FH 14.23: Twisting of Open-End Beams
Article Type: Freehold
Article Number: 14.23
Warranty Year(s): One Year
Performance: Twisting of visible open-end beams in excess of 13 mm from plumb is not acceptable.
Warranty: One-Year - Work and Materials. · Twisting resulting from normal shrinkage caused by drying after construction is excluded from warranty.
Action: Open-ended beams twisted more than the acceptable condition shall be repaired.

Remarks

Subsidence of land is not covered by the warranty. Components installed on the site (pavements, walkways etc.) must be adequately supported to prevent subsidence of the component.

Remarks

Plantings that fail due to improper maintenance are excluded from the statutory warranty.

Remarks

Owners must water and nurture landscaping plants after installation to maintain warranty coverage. Plants on municipal property such as boulevards and walkways are not covered by the statutory warranty.

Remarks

Impact damage caused by snow-plowing activities does not have warranty coverage. Some architectural finishes deliberately expose aggregate. This would not be considered deterioration.

Remarks

Ponding on site surface poses a particular safety risk due to ice formation so drainage of these components is important.

Remarks

Finishes can require frequent renewal due to exposure conditions, but should be designed and installed to be durable for the duration of the warranty period as a minimum. Damage to finishes related to owner activities is not warranted. This item is intended to cover all painted metal site features

Remarks

Typically municipalities require ponding in landscaped areas to dissipate within 48 to 72 hours after a water event (please also see REFERENCE final item number related to ponding on walkways and driveways) After the first year, the owner is responsible for maintaining the finished site grading to ensure ponding water does not adversely affect their premises.

Remarks

The condition is warranted where there is a demonstrated defect in work or material supplied by the builder. Cracks may develop in driveways due to environmental conditions, soil settlement, de-icing chemicals, or shrinkage of the asphalt or concrete, and are not warranted in those situations. Heavy loads from large vehicles can damage driveways.

Remarks

Concrete stairs having not more than two risers, and small wood stairs not attached to the building do not require foundations and are often affected by the settlement of supporting backfill; this is not covered by the statutory warranty.

Remarks

None. See Also: 14.16 DECK BOARD SPACING IS NOT UNIFORM

Remarks

None.

Remarks

Spacing between boards may be adjusted during installation to allow for construction variances. See Also: 14.14 EXTERIOR DECK IS SPRINGY OR SHAKY

Remarks

This condition is warranted only where there is a demonstrated defect in work or material supplied by the builder. Small slivers can develop from weathering and can be easily removed by sanding as part of normal home maintenance. See Also: 14.15 EXTERIOR DECK RAILING IS SHAKY

Remarks

None

Remarks

Floor decking boards may naturally split with exposure to the elements - the condition cannot reasonably be prevented. The characteristics of some manufactured materials may vary.

Remarks

Stain colour will fade with exposure to the elements. Stain colour in areas with intense sun exposure will vary more than areas that have some protection. Wood is a natural material and stain penetration may vary with wood type and grain patterns. See Also: 14.22 STAINS ON EXTERIOR DECKING FROM NAILHEADS

Remarks

Nailheads on decks will protrude from the surface over time and can be easily reset as part of regular home maintenance.

Remarks

Even galvanized nails can discolour over time and may stain adjacent deck surfaces. See Also: 14.20 STAIN COLOUR VARIATIONS ON WOOD DECK

Remarks

An open-end beam is a wood beam whose end does not abut another framing member or that terminates in open air. Minor twisting is primarily an aesthetic concern rather than a structural problem.

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