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

End of Year Recap: Top Posts of 2017

2017Like I did last year, I thought that I would again share the five most popular posts of 2017. With so much talk this year about marijuana, prostitution, electric vehicles, and other hot topics, I assumed that those topics would dominate the list, but that was not the case. Interestingly, three of the top five posts were also on the list for 2016 (albeit in different positions). Will the trend continue next year? Only time will tell.  Continue reading

End of Year Recap: Most Popular Posts

clock.jpgAs the end of the year approaches, I like to look back at the lessons that I’ve learned (both in my personal and professional life). Over the next two weeks, I’ll share some of those lessons with you. For now, I thought that I’d share the most popular posts of 2016. Surprisingly, none of this year’s most popular posts were actually written in 2016.

5. Making Entry to a Unit

An oldie, but a goodie. This post from 2014 describes the requirements for making entry to a unit or exclusive use common elements: reasonable notice; at a reasonable time; and for purposes related to the objects and duties of the corporation.

Continue reading