Definition and Purpose of Easements
An easement is a legal right that allows one party to use a portion of a property for a specific purpose, even though they do not own that part of the property. In the context of condominium management, easements ensure that both unit owners and the condominium corporation can use and access necessary property areas.
Key Types of Easements in Condominiums
Easements for unit owners: Allow owners access to common areas such as hallways, stairwells, and elevators.
Easements for the condominium corporation: Permit access for maintenance, repairs, and infrastructure placement.
Under the Condominium Property Act, easements are typically established in the condominium plan or bylaws and must be respected by all parties involved.
Easements in Favor of Unit Owners
Unit owners benefit from various easements that provide them with essential access and services within the condominium property. These include:
A. Right of Access to Common Property
Owners rely on easements to move through shared spaces such as:
Hallways
Elevators
Stairwells
Parking areas
B. Utility Easements
Certain easements allow utilities to pass through multiple units or common property to ensure proper function. These may include:
Water and sewage lines
Electrical wiring
Internet and telecommunications infrastructure
These easements prevent individual owners from obstructing essential utilities that benefit all units in the condominium.
Easements in Favor of the Condominium Corporation
The condominium corporation requires easements that allow for maintenance and operation of the building. These easements ensure that repairs, inspections, and upgrades can be carried out efficiently.
A. Access to Units for Repairs and Maintenance
The corporation may enter a unit to repair water leaks, HVAC systems, or other critical infrastructure that affects multiple units.
The Condominium Property Act permits reasonable access as long as proper notice is given to the unit owner.
B. Placement of Shared Infrastructure
Certain easements allow the condominium corporation to install and maintain shared infrastructure, such as:
HVAC systems
Security cameras
Plumbing and electrical systems
These easements prevent owners from interfering with essential building systems.
Proper documentation of these easements in the condominium bylaws and plan is crucial for avoiding disputes.
Practical Application of Easements in Condominium Management
Condominium managers play a key role in ensuring that easements are respected and properly enforced. Managers must:
Ensure easement rights are respected in building maintenance and dispute resolution.
When scheduling repairs, managers must confirm whether an easement grants the corporation access to a particular area.
If an owner disputes access, managers should refer to registered easements in the condominium plan.
Ensure easements are properly documented in condominium plans and registered on title.
Easements should be clearly recorded in the condominium corporation’s legal documents.
If there is uncertainty about an easement’s scope, legal counsel should be consulted.
Educate the condominium board and owners about easements.
Owners must be aware of their rights and responsibilities regarding easements.
The board should ensure bylaws reflect easement rights and obligations.
Example Scenario:
A unit owner refuses to allow maintenance workers into their unit to repair a leaking pipe that serves multiple units.
Resolution:
The condominium manager reviews the condominium plan and confirms that the corporation has an easement allowing access for necessary repairs. The owner is informed of their legal obligation to permit access, and the repair proceeds.
