Hoarding Can Create Unsafe Conditions

Condominium owners have broad legal rights to enjoy their units. But condominium living generally involves “close living between the residents of the condominium”, and condominium owners and occupants accordingly have important obligations to the other owners and occupants of the condominium. These obligations include compliance with the governing documents of the condominium corporation which also includes properly maintaining safe conditions in the unit.

In a recent Superior Court decision, Niagara North Condominium Corporation No. 127 v Chyplik, the court concluded that the owner’s unit was not in a safe condition.

The unsafe living conditions were found through inspections done by the St. Catharine’s Fire Services and the condominium corporation’s engineer. The unsafe conditions were outlined in the engineers report as including the following:

1. No permits were taken out with respect to the renovations/work and/or electrical work;
2. Excessive piles of belongings were stored throughout the unit;
3. The protective covering of the baseboard heater had been removed;
4. Items were stored in close proximity to heaters;
5. Electrical wiring in walls and ceiling penetrations had been removed;
6. There were missing and/or disconnected ceiling fixture;
7. Interior concrete wall finishes had been removed;
8. There were openings in the perimeter ceiling/walls exposing pipe chases and shafts resulting in smoke/odor migration.

The Court ordered the owner to temporarily vacate the unit to allow the condominium corporation to address the unsafe conditions at the owner’s expense. This included the ability to hire professionals as needed, remove materials from the unit, place chattels into storage facilities, and dispose of any chattels that in the view of a professional constituted a danger to human health. In addition, all damages, costs, and expenses were awarded to the condominium corporation on a full indemnity basis.

The takeaway is that a hoarding situation can play a key role in creating unsafe conditions in a unit and may accordingly result in a Court-ordered “clean up” of the unsafe conditions, at the owner’s expense. In this case, the hoarding situation was so extreme that it became a hazard to the property and to all of the residents.

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