Entering a Unit for Enforcement Purposes

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One of the most popular posts of all time on our blog is “Making Entry to a Unit” from 2014.  It described the requirements set out in section 19 of the Act:

Right of entry

19 On giving reasonable notice, the corporation or a person authorized by the corporation may enter a unit or a part of the common elements of which an owner has exclusive use at any reasonable time to perform the objects and duties of the corporation or to exercise the powers of the corporation. 1998, c. 19, s. 19.

One of the areas lawyers argued about was whether the condominium could use section 19 of the Act to make entry to inspect a unit for enforcement purposes (i.e. to confirm the presence of a dog, too many occupants, noise). My view was always that section 19 says the condominium can make entry to a unit to perform its objects and duties and exercise its powers. Since section 17(3) of the Act states that the condominium has a duty to ensure the owners (and others) comply with the Act, declaration, by-laws and rules, the condominium should be able to use s.19 to make entry to a unit to inspect for compliance with the Act, declaration, by-laws or rules. Continue reading

Unreasonable Owners + Reasonable Board = Costs for Condo

A recent decision of the Superior Court of Justice illustrates how the conduct of the parties can sway a judge when it comes to the issue of costs. The case is York Condominium Corporation No. 922 v. Frank Lu et al (2016). The facts are straightforward. The owner refused to permit the condominium’s contractors to enter the unit to investigate it after a flood in the unit, which was caused by the owner’s tenants. The condominium made repeated attempts to gain access to the unit and offered to meet with the owner to discuss the issue, but the owner refused. The condominium engaged a lawyer, who wrote several letters, but the owner still refused to grant the condominium access to the unit.

The condominium started a court application under sections 92, 117, and 134 of the Condominium Act, 1998. The condominium asked the court for an order requiring the owner to allow it to access the unit to investigate the damage, and if necessary, repair the damage to the common elements.

The condominium was successful in its application and sought $15,416.00 in costs from the owner. Continue reading

Making Entry to a Unit

Every condominium corporation in Ontario has a right to make entry to a unit (or the exclusive use common elements) pursuant to section 19 of the Condominium Act, 1998. Section 19 states:

Right of entry

 

19. On giving reasonable notice, the corporation or a person authorized by the corporation may enter a unit or a part of the common elements of which an owner has the exclusive use at any reasonable time to perform the objects and duties of the corporation or to exercise the powers of the corporation.

There are a number of important pre-requisites mentioned in section 19.

Continue reading