Condo Window or Balcony Door Glass Broken? Who Pays in Ontario
In many Ontario condos, windows and balcony doors are common elements, often for your exclusive use, so the condo corporation is generally responsible for repairing and eventually replacing them. Your declaration decides, though, and if you or a guest caused the damage you may be charged the corporation's insurance deductible. Report broken or fogged condo glass to management before hiring anyone; the usual fix is a new pane or sealed unit in the existing frame, while changing the window or door itself needs board approval (usually a section 98 agreement).
By default, Ontario condo corporations repair common elements and standard unit elements, and owners repair decorative or non-standard unit elements. The declaration can change that split.
Windows and sliding doors are common elements in many buildings. Original glazing is generally the corporation's responsibility, and end-of-life replacement is usually funded from the reserve fund.
If you or a guest damage a common element, the corporation can generally charge you its insurance deductible (Condominium Act, s.105).
Changing a common element such as a window needs board approval, usually through a registered section 98 agreement that assigns repair, maintenance and insurance to the owner.
Broken or fogged condo glass is usually fixed by replacing the pane or sealed unit in the existing frame, arranged through management, which keeps the common element unchanged.
Toronto requires a building permit to replace whole windows or doors in any building other than a detached, semi-detached or single-unit row house, which includes condos; glass-only work isn't addressed separately, so check first.
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In many Ontario condos, the windows and balcony doors aren't part of your unit. They're common elements, often reserved for your exclusive use, and the condo corporation is generally responsible for repairing and eventually replacing them. Your declaration decides. It can draw the unit boundary differently or shift some repair duties to owners. And if you, a guest or a tenant caused the damage, you may be charged the corporation's insurance deductible.
So the first call when condo glass breaks or fogs is to property management, not a glazier. This guide explains how Ontario's Condominium Act divides the responsibility, how to check your own building's documents, and what to do if you want to replace or upgrade glass yourself. It's general information, not legal advice. Your declaration, by-laws and policy govern.
The quick answer, by situation
| What happened | Usually responsible | What to check |
|---|---|---|
| Original window or balcony door glass fogs between the panes (seal failure) | The corporation, where windows are common elements. It's wear on a common element | Declaration: are windows common elements? |
| Glass cracks from thermal stress or is broken by a storm | The corporation repairs after damage and insures against major perils | Who bears the deductible under your by-laws |
| You, a guest or your tenant breaks it | The corporation usually repairs, but can generally charge you its deductible | Declaration and by-laws on deductibles and exclusive-use elements |
| Glass or windows you (or a previous owner) installed under a s.98 agreement | You, per the agreement | The registered s.98 agreement |
| Interior glass: shower door, mirrors, interior glass partitions | Usually you, as unit elements or your improvements | Standard unit definition by-law |
How the Condominium Act divides the work
The default split. Under the Condominium Act, corporations are responsible for repairing common elements and standard unit elements, and owners for decorative and non-standard unit elements. Maintenance follows the same line, and it includes any repairs due to normal wear and tear. The relevant sections are s.89 (repair after damage) and s.90 (maintenance).
Where windows sit. In many buildings, windows and sliding doors are common elements, which is why owners can't replace them unilaterally. Windows and balconies are typically exclusive-use common elements: original or corporation-installed glazing is generally the corporation's, owner-added glazing under a section 98 agreement is usually the owner's to maintain, and major replacements are funded through the reserve fund.
The declaration can change it, within limits. Under s.91, corporations can amend their repair obligations in their governing documents. The courts have limited that. In Middlesex Condominium Corp. No. 195 v Sunbelt, the court held that s.91 doesn't let a corporation make an owner repair common elements after damage, except for common elements designated for the exclusive use of an owner. Because windows and balcony doors are often exclusive-use, your declaration's exact wording matters.
Insurance and deductibles. Corporations must insure against major perils such as fire, water leaks and vandalism. Owners generally pay their own deductibles unless they or their guests cause damage to common elements directly or by being negligent. By-laws can extend deductible charge-backs even where no one is at fault. A broken balcony door can therefore cost an owner the corporation's deductible even though the corporation arranges the work.
How to check your own building
- Find the unit boundaries in your declaration. Look for how the exterior walls, windows and doors are treated, and for a schedule of exclusive-use common elements (balconies, windows, patio doors).
- Read the repair and maintenance clauses. Note anything that shifts repair of exclusive-use elements to owners.
- Check the by-laws. Look for the standard unit definition, which lists what the corporation treats as part of a standard unit, and any by-law on deductibles.
- Look for an existing s.98 agreement on your unit if a previous owner changed the windows or doors.
- Ask management in writing which items they treat as common elements. Keep the reply.
Glass just broke or fogged: what to do
- Make it safe. Wear gloves and shoes, keep children and pets away, and don't touch loose glass in a high-rise frame or balcony door. If the balcony door glass is broken, keep the door shut and stay off the balcony until it's dealt with.
- Photograph it before cleanup: the glass, the frame and anything that shows the cause.
- Report it to management or security immediately, in writing, with photos. After hours, use the building's emergency contact. Buildings often have their own contractors for common-element work.
- Don't book a permanent replacement yourself without written approval. Unapproved work on a common element can leave you in a dispute with the corporation over cost and standards.
- Call your broker. Unit-owner policies often cover accidental glass breakage only if you are held responsible for the damage by the condominium corporation's by-laws, or it is part of your improvements and betterments. Ask whether yours covers a deductible charged back to you.
- Tenants: tell your landlord, the unit owner, who must keep the unit in good repair under the Residential Tenancies Act. See broken windows in rentals.
For fogged units, our guide to repairing or replacing foggy glass explains why the fix is a new sealed unit, not defogging.
If you want to replace or upgrade glass yourself
Start with the simplest route: glass-only. Replacing a failed sealed unit or broken pane in the existing frame with a matching unit, arranged through the corporation, keeps the building's appearance consistent and avoids changing the common element.
If you want to change the window or door itself (upgraded glazing that differs from the original, a different balcony door, new frames), or you'd rather not wait for a building-wide project, the path is formal:
- Board approval and a section 98 agreement. Most owner-proposed changes require board approval and a formal agreement under section 98. The board must approve by resolution before the change. The written agreement is registered and sets out who repairs, maintains and insures the change, and the owner typically pays the costs. Expect the new glazing to become your responsibility.
- Contractor paperwork. Boards commonly require $2–5 million in commercial general liability insurance, a current WSIB clearance and a booked service elevator, and approval can take 2–4 months.
- A Toronto building permit. Toronto requires a permit for "replacing windows or doors in buildings other than a detached house, semi-detached house, or row house containing a single dwelling unit". That includes condo apartment buildings. Glass-only work isn't addressed separately, so ask. For condo townhouses, confirm with Toronto Building. See our permit guide.
- Exterior access is the building's call. Glass that can only be reached from outside may need suspended access. Under Ontario's regulation for window cleaning access, building owners must keep roof anchors in good repair, inspect them at least once a year and keep a log book. Coordinate any exterior work through management.
If the frames themselves have failed, that's a window-replacement project for the corporation, not a glass repair.
Why this is coming up more often in Toronto
- Condos are a big share of housing. 353,215 condo dwellings make up 30% of Toronto's occupied dwellings, against 16% in the rest of the GTHA. The Toronto postal region has 2,795 of Ontario's 13,318 condo corporations as of March 2025.
- A wave of glazing is ageing together. GTHA condo completions set a record in 2024, and 2025's 29,291 units nearly matched it. Sealed units typically last 10–25 years, so the 2010s boom is heading into its first seal failures.
- Window wall has a history. In early window-wall systems, sealed units often fogged after only a few years of service. Failures in the late 1990s and early 2000s led to tighter requirements.
Next step
If you're an owner or manager dealing with broken or fogged condo glass, see our window glass replacement service, then send photos and your building details through our contact page for a free quote.