Understanding Condominium Access Rights
In the case of Metropolitan Toronto Condominium Corporation No. 978 v. McNeil, the condominium corporation sought access to a unit to complete necessary repairs on an adjacent water riser.
According to the Court’s decision, the corporation’s engineer found that the existing epoxy liner coating had failed, showing signs of deterioration and pinhole leaks, making the risers prone to water escapes.
The Owner’s Objection
The unit owner opposed the request for access, arguing that there was insufficient evidence of any health or safety issue and requested that the matter be delayed or adjourned.
The Court’s Ruling
The Court determined that the repairs were necessary and urgent. As a result:
- The owner’s request for a delay was denied.
- The owner was ordered to grant access in accordance with Section 19 of the Condominium Act and the condominium’s governing documents.
- The owner was also required to cover legal costs and the contractor’s remobilization fees resulting from the refusal to provide access.
Key Takeaways for Condominium Owners
The Court reinforced an important principle:
Condominium corporations have a legal duty to repair and maintain common elements, and owners must allow reasonable access for these repairs.
Furthermore, the timing of required repairs is a decision entrusted to the Board of Directors, not individual owners.
Final Thoughts
This case serves as a reminder that condominium corporations have a clear legal right to access units when necessary for repairs and maintenance. Owners who refuse access may be held financially responsible for any resulting delays and legal proceedings.
For condominium boards and owners alike, understanding Section 19 of the Condominium Act ensures compliance and prevents unnecessary disputes.
March 21, 2025 | James Davidson Click to read