Privacy Rights in a Condo

January 2015

There are times when condo safety and privacy rights may conflict.

A condo building contractor or employee may have permission to enter a unit. This may be to undertake specific repairs or to conduct other condo business. During these or other times no property manager, board member or superintendent has the right to go through personal items in a unit.

If police enter a condo building and request access to a unit they require a warrant that includes a correct address. If the address is not correct, the condominium corporation should request a new search warrant. In the event that evidence is found using a warrant with incorrect information, that evidence can be thrown out in court. Neither the police nor the condo corporation will be well served by this action.

There are times when police may request information about a resident or unit owner relating to an ongoing investigation without having a search warrant. In such instances, the condo corporation should ensure that the request is made in writing and that only the requested information is provided.

Police should not be allowed to conduct surveillance in common areas of the building without a search warrant.