A Condominium Corporation’s Right to Access the Units

In the case of Metropolitan Toronto Condominium Corporation No. 978 v. McNeil, the condominium corporation sought access to the Respondent’s unit in order to attend to required repairs to an adjacent water riser.

According to the Court’s decision, the evidence from the corporation’s engineer was that “the existing epoxy liner coating had not been successfully applied and was showing signs of failure and pinhole leaks. One of the dangers identified was that the risers were therefore prone to water escapes.”

The Respondent owner argued that the matter should be stayed or adjourned because (among other things) there was insufficient evidence of any health or safety issue.

The Court was satisfied that the work in question was necessary. The Court refused the owner’s request (for a stay or adjournment) and ordered the owner to permit the requested access in accordance with Section 19 of the Condominium Act as well as the Corporation’s governing documents.

The Court also ordered the owner to pay legal costs as well as the contractor’s remobilization costs incurred due to the owner’s refusal to allow the requested access.

The Court said: 

It is clear from both the Act and the governing documents that MTCC 978 has a legal duty to repair and maintain the common elements, and that the respondents have a corresponding obligation under both the Act and the governing documents to permit access as necessary for the repair of common elements.

…

The respondents’ have stated in writing that they required a court order before MTCC 978 or its agents could enter their unit. Accordingly, the applicant had no choice but to incur the expense of this Application. Again, the other unit owners should not have to pay for the respondents’ decisions. In accordance with other decisions of this court, the applicant shall have its costs on a full indemnity basis.

The bottom line is as follows: As is confirmed in Section 19 of the Condominium Act, condominium corporations have the right to gain access to a unit – at reasonable time(s) and upon reasonable notice to the owner – in order to fulfill the corporation’s objects and duties. Furthermore: The appropriate timing of required repairs is generally a matter to be determined by the Board of Directors.

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