CCI Manitoba Chapter News
Access to units for common element work
What happens when the purpose of entering a condo unit is less clear or more unusual?
An article published by CondoBusiness, part of the REMI Network describes a court case in Ontario in which a unit owner was refusing access to their exclusive-use balcony to allow for maintenance and inspection of roof anchors not related to their own unit. In the end, the judge decided in favour of the condominium corporation because they were maintaining the property in a reasonable manner.
The 'reasonableness' test is also applicable in Manitoba. Section 90 of the Manitoba Condominium Act states
Right to enter limited
90(1) A condominium corporation, or a person authorized by it, may enter a unit, or a part of the common elements of which a unit owner has exclusive use, to perform the corporation's mandate and duties and exercise its powers, but only if
(a) an emergency exists and entry without consent or notice is necessary to deal with it;
(b) a person occupying the unit consents to the entry; or
(c) a notice of entry is given to the person occupying the unit in accordance with subsection (2).
Notice requirements for entry
90(2) The notice of entry must
(a) be written;
(b) specify the purpose of entry;
(c) specify the time or times of entry, which must be reasonable; and
(d) be given to the person occupying the unit at least 24 hours but not more than two weeks before
(i) the specified time of entry, or
(ii) if more than one time is specified, the first specified time.
Alternative time may be proposed
90(3) The recipient of the notice of entry may propose in writing a reasonable alternative to the specified time. The condominium corporation or its authorized representative may enter the unit only at that alternative time.
The lesson learned from Ontario and applicable to condominium corporations in Manitoba is that both unit owners and the condominium corporation must be reasonable when access to a unit is required to carry out the business of the corporation.
