31/03/2021 – Jurisdiction Nova Scotia
Part 74 published on 01/03/2021
Court finds that Heat Recovery Ventilators are parts of the units which must be maintained and repaired by the owners
Each unit in this condominium is serviced by an HRV (Heat Recovery Ventilator). Some of the owners claimed that the HRVs were parts of the common elements, to be maintained and repaired by the condominium corporation.
The Court dismissed the owners’ claims. The Court held that the HRVs were parts of the units. Although the HRVs were located above the drywall ceiling of the unit, the Court noted that the condominium’s Declaration also includes the following provision:
The Unit shall include:
(a) fixtures, outlets, ducts, heat recovery ventilators, fireplace if applicable and other facilities with respect to such service facilities which are within the boundaries of the Unit and which service the Unit only.
And the Court said:
Here we have an express reference to HRVs. The Unit “shall include … heat recovery ventilators.” As a rule in questions involving interpretation, the specific governs in the face of the general. Further support for this interpretation may be found in the phrase that follows: “and other facilities with respect to such service facilities which are within the boundaries of the Unit and which service the Unit only.” A controller on the inside face of an interior wall in the unit is in my view an “other facility” that relates to “such service facilities [i.e. the HRV]” that are “within the boundaries of the Unit and which service the Unit only.”