Part 32 published on 01/11/10
Condominium corporation granted access to unit to carry out common element repairs
The condominium corporation sought an order for access to the unit in order to repair or replace the overhead garage door, exterior garage person door and front door. The order was granted.
The Court said that the intention of section 9(2) of the Condominium Property Act (which was amended in the year 2000) “is to eliminate exterior doors and windows from the responsibility of individual owners and to place the responsibility for the care, maintenance and replacement of such items onto the shoulders of condominium corporations” – unless there is a specific contrary statement on the condominium plans.
[Editorial Note: The Court also made note of the fact that a regulation under the Condominium Property Act permitted certain condominiums to pass a special resolution to have the doors and windows “revert back to the unit” before September 1, 2002. No such resolution had been passed in this case.]