Canada: Access To Units For Common Element Work – A Helpful Clarification For Boards, Managers And Owners

In the Fall Issue of CondoBusiness Magazine, David Thiel outlines what happens when the purpose of access to a condominium unit is less clear or more unusual.

Pursuant to Section 19 of the Condominium Act, 1998 (the "ACT"), condominiums have the right to enter condominium units (and exclusive-use common elements) to perform various objects and duties upon reasonable notice.

The typical examples of the need for such access include repairing a common element riser, which is only accessible from the unit, performing fire inspections of the units fire alarm, or performing repair work to the unit that the owner was required to perform but did not within a reasonable period of time under Section 92 of the Act.

But what happens when the purpose of access is less clear or more unusual?

Specifically, what if access is required through a residential unit to perform common element maintenance or repairs to the building in general? The most common example of this in my experience over the years relates to access to roof anchors, which are located on an exclusive-use common element balcony or terrace. In this scenario a common condominium would seek access to the residential unit to travel through the unit to the balcony in order to perform work.

Usually, the roof anchors are accessed in order for the condominium to perform window washing or other general maintenance or repairs to the common elements. That is, the work to be performed by the condominium really has nothing to do with the applicable residential unit itself.

In such a situation, a residential unit owner may be understandably concerned about contractors and equipment moving through the unit, both as an inconvenience or allegedly a nuisance. The residential owner often argues that the condominium can access the balcony from exterior (via swing stage or other means).

Another example on such unit access maybe staging work on a terrace in order to maintain or repair the exterior off the building, and where access to the terrace might only reasonably be available through this unit.

To read this article in full, please click here.

Originally published by CondoBusiness Magazine.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.