08/24/2018 – Jurisdiction Alberta
Part 65 published on 01/03/2019
Condominium corporation had given proper notice for required access to unit
The condominium corporation had given the owner notice of required access to the unit to check for a leak in the fire sprinkler system. The owner initially refused access, but ultimately allowed access after the corporation arranged for a lawyer’s letter to be sent to the owner (demanding that the owner permit the requested access).
The remaining question for the Court was whether or not the owner should be required to pay the related legal costs.
The Court held that the notice provided to the owner had been reasonable (in accordance with the corporation’s by-laws), the owner’s initial refusal to allow access had not been reasonable, and the owner was accordingly responsible for the related legal costs.
The Court held that oral (rather than written) notice provided in this case was sufficient. The by-laws did not require that the notice be in writing.
Braun v Condo Corp. No. 9612496, 2018 ABQB 623