Winter can be harsh on homes. The cold temperatures, heavy snow, and fluctuating temperatures can cause damage that often goes unnoticed until the spring thaw. Whether it’s cracked foundations, leaking roofs, or warped wood, winter often hides defects in your home that may not become apparent until the weather changes.

Rohan Haté, Litigation Lawyer at ZSRH Litigation Lawyers LLP, sees many homeowners facing the aftermath of winter damage that may be costly to repair. The question many homeowners ask is: Who is responsible for these hidden defects?

This blog outlines your legal rights as a homeowner when dealing with property defects that may have been hiding through the colder months, and what steps to take when these issues arise.

1. Common Property Defects Revealed by Winter

Winter exposes several types of property defects that may not have been visible before. Here are the most common ones Rohan Haté sees:

Roof Damage

Snow, ice, and strong winds put immense pressure on your roof. Ice dams can form when melting snow refreezes at the roof's edge, causing water to back up and potentially leak into your home. Spring is often the first time homeowners realize they have roof leaks caused by ice dams or wind damage.

Foundation Cracks

The freeze-thaw cycle can cause the ground around your foundation to shift, leading to cracks in the concrete or walls. These cracks can allow water to seep in during the spring thaw, resulting in basement flooding or structural damage.

Window and Door Leaks

Condensation inside windows, as well as drafts around doors, can worsen during winter. As the weather warms, these issues may become more apparent, as cold air in the winter hides drafts and water leaks that develop during the thaw.

Plumbing Damage

Frozen pipes are a common winter problem. If not properly insulated, pipes can crack or burst, leading to water damage that homeowners may only discover once the weather warms up.

2. Understanding Your Legal Rights as a Homeowner

When you discover property defects after winter, it’s important to understand your legal rights. In Ontario, homeowners are protected under various laws that govern contractual obligations and property maintenance. Here’s how the law helps:

Warranty on New Builds

If you’ve purchased a new home, the Ontario New Home Warranties Plan Act offers protection for structural defects that appear in the first few years. For instance, the builder is responsible for repairs if defects in the foundation or roof arise within the warranty period.

However, this doesn’t apply to general wear and tear, so it’s important to know what is and isn’t covered.

Liability for Property Maintenance

If your home is part of a condominium complex, the condo board or management company is typically responsible for maintaining common areas, including the exterior of the building. If defects in these areas lead to damage in your unit, the condo management may be liable.

Insurance Coverage for Damage

Your homeowner’s insurance might cover some damages caused by winter defects, especially if the damage is sudden and unexpected. For example, insurance might cover roof leaks caused by ice dams, but Rohan Haté advises homeowners to check their policy for exclusions or limits on coverage for specific types of damage.

3. Steps to Take After Discovering Winter Damage

If you discover property defects after the winter months, it’s crucial to act quickly to avoid further damage and ensure that you’re not left with costly repairs. Rohan Haté advises homeowners to take these steps:

Inspect and Document the Damage

Take photos or videos of the damage as soon as you notice it. Proper documentation can be crucial for insurance claims, disputes with contractors, or legal action later on.

Contact Your Insurance Company

If your damage is covered by your homeowner’s insurance, contact your insurer immediately. They may send an adjuster to assess the damage and begin the claims process.

Notify the Responsible Parties

If the damage is related to a new build or renovations, it’s important to notify the builder or contractor. If the defects are part of a warranty, the builder may be legally obligated to repair them.

Get Expert Advice

If you’re unsure about your rights or the severity of the damage, seek legal advice. Rohan Haté and his team can help you determine the best course of action and ensure your rights are protected.

4. When to Seek Legal Action

Not all property defect issues are resolved quickly or easily. If your home’s damage is significant and you encounter resistance from your insurance company, builder, or contractor, Rohan Haté recommends that you consider legal action.

Legal action may be necessary if:

• Your insurance company refuses to cover the damage

• A contractor or builder refuses to honor their warranty

• You’re facing significant repair costs without compensation

In such cases, a lawyer specializing in property and insurance law can help you understand your options and pursue compensation through litigation if necessary.

Final Thought

Spring is a time for new beginnings, but it’s also the perfect time to inspect your home for any winter damage that may have been hidden. Whether it’s roof leaks, foundation cracks, or plumbing issues, Rohan Haté and his team at ZSRH Litigation Lawyers LLP can help you navigate the legal and insurance processes to ensure you get the compensation and repairs you deserve.

If you discover property defects this spring, don’t wait to address them. Contact us today for a consultation with Rohan Haté.