22/12/2021 – Jurisdiction Ontario
Part 77 published on 01/03/2022
Condominium corporation entitled to access unit to inspect new plumbing installed to replace Kitec plumbing
Kitec plumbing had been discovered in the condominium. The condominium corporation then gave owners two options. The Court said:
The first was to use the contractors recommended by the Corporation to undertake the work at a set fee to be paid by the unit owner. The second option was to use a qualified contractor of their choosing and pay directly, but an owner taking this option would still be obliged to pay $750 plus HST to the Corporation so that its engineer could inspect and certify that the work was done. The deadline for choosing the option was extended once. The appellants elected the second option but neglected to send a cheque to cover the inspection fee.
On application of the condominium corporation, the lower Court had ordered that the condominium corporation be permitted to access the unit in order to inspect the work that had been arranged by the owner and, if necessary, to carry out any required repairs, with all related costs to be added to the owner’s common expenses. The owner appealed and the appeal was dismissed.