13/06/13 – Jurisdiction Alberta
Part 37 published on 01/02/12
Appeal dismissed. Condominium corporation granted access to unit to carry out common element repairs (to exterior doors)
Part 37 published on 01/02/12
Appeal dismissed. Condominium corporation granted access to unit to carry out common element repairs (to exterior doors)
The chambers judge ordered that the condominium corporation be permitted to access the unit in order to repair or replace certain exterior doors. [See Condo Cases Across Canada, Part 32 – November 2010.] The decision was upheld on appeal.
The Court of Appeal said that, according to s. 9 of the Condominium Property Act, exterior doors and windows are part of the common property unless “otherwise stipulated in the condominium plan”. In this case, the reference on the condominium plan to the boundary being at “outside face of the outside walls” was not sufficient to take the doors and windows outside of the statutory presumption (that they were common property).