Unit Access by Management – Letter to the Editor

May 2022

Building management arranged to undertake unit repairs for a resident over a weekend when the condominium manager was unavailable for supervision.  Can a condominium director provide this supervision alongside a security escort without owner permission?  The unit was vacant at the time.  Repairs were necessary prior to listing for resale.

Thank you.

P. A.

Response from Toronto Condo News

It is not common for a condominium director or someone from the condo board to inspect work undertaken in a unit.  This is typically the responsibility of management.

Management should never enter a suite, or provide permission to enter a suite, without consent of the resident except during an emergency or when in possession of a court order.  When inspecting a unit, it is advisable to have a second individual attend.  Should a resident or owner have concerns about what might also have occurred during an inspection, or suggest something may have been taken, having a second individual present is helpful.

It is unclear if repairs were to, or resulted from, a problem relating to areas the corporation is required to maintain, who paid for repairs, or if the problem required an emergency repair.  Unless the repairs were related to areas the corporation is responsible for maintaining, it is not a standard practice for the corporation to undertake or pay for them.

Some buildings require residents to provide management with a key and emergency contact.  Having possession of this key comes with the responsibility to not misuse it.  A director or board of directors using the key to access a unit may be considered misuse.

While the board of directors has many responsibilities, this likely does not extend to entering individual units for inspection purposes although there may be specific situations where this is justified.

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