Part 8 published on 01/11/04
Condominium Corporation entitled to access unit for required fire system upgrade
Following the regular inspection and testing of the fire alarm system, the inspection firm advised that the hallway bells were not reasonably audible in some of the rooms of each apartment. The testing firm recommended that horns or buzzers be installed in each unit. The condominium corporation required access to the units in order to carry out this work. One of the owners refused access, asserting that there was no proven audibility problem.
The owner also asserted that the mandatory mediation and arbitration provisions, in Section 132 of the Condominium Act 1998, applied to this dispute.
The Court said:
The mediation and arbitration provisions do not apply to a dispute of this sort, which involves necessary fire safety work.
- The condominium corporation was entitled to the requested access. Owners must submit to the decisions of the Board in these areas.
The Court also ordered the owner to pay ALL of the corporation’s legal costs. The Court said that the other owners should not be put to expense as a result of the actions of this one owner.