Hyundai Vehicle Recall: Does a Condominium Corporation Have Any Resulting Obligations?

In the case of a condominium property:  It’s our view that a fire risk of this sort likely contravenes the Condominium Act (Section 117 (1)), and would also contravene the Declaration and Rules of many condominium corporations (which often include provisions about avoiding hazardous conditions as well as conditions that might increase the risks of insured harm on the condominium property).

As a result, we feel that the vehicle owners in question (if parking on a condominium property) have a duty – under the above provisions – to comply with the recall notice as soon as reasonably possible, and in the meantime to comply with the recommendation to park outside (away from structures).

This therefore also triggers the condominium corporation’s obligation (under Section 17(3) of the Condominium Act) to take reasonable steps to ensure that the particular vehicle owners comply (by taking the above steps).

In our view, such “reasonable enforcement steps” might include the following:

  • Sending a notice to all owners about the recall.
  • Asking anyone with an affected vehicle to please contact the condominium corporation right away about the steps to be taken (to satisfy the recall and the direction, in the meantime, to park outside and away from structures).  [Some condominium corporations may already have information about the types of vehicles owned by all residents.  If so:  In those cases, it might make sense to simply write directly to those residents who have vehicles affected by the recall.  Also:  If the condominium corporation can provide guidance or suggestions about alternative temporary parking, that would also be very helpful.]
  • Following up with the particular vehicle owners to ensure that they provide proof of completion of the required recall repair/maintenance (before any indoor parking rights are restored).

This is an example of the sorts of “resident-specific risks” that can nevertheless trigger a condominium corporation’s enforcement obligations.

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