Situations That Require Third-Party Safety Assessments
Condominium boards must engage certified safety professionals in certain high-risk scenarios, including:
Structural Concerns
Cracks in foundation or load-bearing walls.
Water infiltration leading to possible structural damage.
Fire Safety
Malfunctioning fire alarms, sprinkler systems, or extinguishers.
Lack of compliance with fire code regulations.
Mold and Asbestos Remediation
Any suspected presence of asbestos in older buildings.
Mold detected in walls, ceilings, or HVAC systems.
Elevator & Mechanical Inspections
Regular elevator safety inspections per provincial requirements.
Maintenance on boilers, mechanical ventilation, and electrical systems.
Legislative Reference:
Under the Condominium Property Act, condominium boards must “exercise the care, diligence, and skill that a reasonably prudent person would exercise in comparable circumstances.”
Evaluating Risk Thresholds – When Should a Board Engage Experts?
Low-Risk Issues (Handled by the Condominium Manager)
Routine maintenance inspections of HVAC, lighting, plumbing.
Snow removal and general slip-and-fall prevention.
Pest control measures.
Moderate-Risk Issues (May Require a Consultation)
A leaking roof that requires a roofing contractor’s opinion.
Minor fire safety concerns that need fire marshal guidance.
High-Risk Issues (Require Immediate Expert Assessment)
Structural deficiencies (cracks, settling foundations).
Suspected fire code violations.
Water damage affecting multiple units (risk of mold growth).
Complaints related to indoor air quality or hazardous materials.
Ensuring Boards Follow Recommendations from Certified Professionals
A condominium manager must:
Coordinate professional inspections and obtain written reports.
Ensure that boards understand the importance of professional recommendations.
Document all safety concerns and track compliance with expert findings.
Communicate risk factors to residents when necessary (e.g., temporary closures of common areas).
Case Study Analysis
Scenario:
A condominium board ignored a fire safety inspector’s recommendation to update outdated sprinkler systems. A fire occurred, and insurance denied the claim due to non-compliance.
Task:
Identify the board’s legal and ethical failings.
Determine the steps the condominium manager should have taken to ensure compliance.
Propose an action plan for ensuring boards act on professional safety recommendations.
