- 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 14.9: Sod/Seeding Not Completed
- Article Type
- Freehold
- Article Number
- 14.9
- Warranty Year(s)
- One Year
- Performance
- Sod/seeding shall be installed in conditions conducive to growth, generally within one year ofthe occupancy of the home or within the time period required by governing municipalagreements or the phasing of the subdivision.
- Warranty
- One-Year - Incomplete WorkOne-Year - Work and Materials• Sod/seeding that fails due to improper maintenance is excluded from the statutory warranty
- Action
- Builder shall complete sod/seeding installation when conditions conducive to growth exist. Theinstallation of sod/seeding can coincide with subdivision phasing.
- 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 14.15: 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.
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.
Plantings that fail due to improper maintenance are excluded from the statutory warranty.
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.
Impact damage caused by snow-plowing activities does not have warranty coverage. Some architectural finishes deliberately expose aggregate. This would not be considered deterioration.
Ponding on site surface poses a particular safety risk due to ice formation so drainage of these components is important.
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
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.
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.
Spacing between boards may be adjusted during installation to allow for construction variances. See Also: 14.14 EXTERIOR DECK IS SPRINGY OR SHAKY