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