The Legal Basis for Unit Entry by a Condominium Corporation
The Condominium Property Act (CPA) and Condominium Property Regulation establish when and how a condominium corporation may enter a unit or exclusive-use common property.
A condominium corporation may only enter a unit under specific legal circumstances, including:
Emergency situations requiring immediate action (e.g., fire, flood, gas leak).
Non-emergency maintenance, repairs, or inspections related to common property.
Bylaw enforcement, if entry is permitted under the bylaws.
Notice Requirements for Non-Emergency Entry
For non-emergency entry, condominium corporations must:
Provide written notice to the unit owner in advance.
Ensure entry occurs at a reasonable time, a condominium corporation cannot enter a unit on a Sunday or statutory holiday unless there is an emergency
Allow the unit owner the option to be present, unless the bylaws state otherwise.
Minimum Notice Period
According to the Condominium Property Regulation, a condominium corporation must provide:
At least 24 hours' written notice before entering a unit for non-emergency reasons.
A longer notice period if required by the corporation’s bylaws.
Example Scenario:
A condominium manager schedules a plumbing inspection in several units. The manager:
Delivers written notices 72 hours in advance.
Schedules the inspection during business hours to minimize inconvenience.
Allows unit owners to be present if they choose.
Limitations on Entry Rights Under CPA Regulations
Condominium corporations must follow strict guidelines when entering a unit. Violating these rules may result in legal consequences.
Key Restrictions on Entry
Restriction | Requirement |
No entry without reasonable cause | A corporation cannot enter a unit unless there is a valid reason under CPA regulations or the bylaws. |
Entry must occur at a reasonable time | Unless an emergency, entry must take place during appropriate hours (e.g., not in the middle of the night). |
Unit owners have the right to be present | Owners may be present during entry unless the bylaws state otherwise. |
Bylaws may impose additional conditions | Some condominium bylaws require additional notice periods or approval from the board before entry. |
Evaluating Whether a Condominium Corporation is Acting Legally
A condominium manager must assess whether a corporation is following proper procedures before entering a unit.
Steps for Evaluating Legal Compliance:
Identify the Reason for Entry
Is it an emergency (e.g., fire, water leak, gas issue)?
Is the entry for maintenance or inspection of common property?
Is the entry for bylaw enforcement (and is it permitted under the bylaws)?
2. Verify Proper Notice
Has at least 24 hours’ written notice been provided?
Does the notice include date, time, reason for entry, and contact details?
Are the unit owner’s rights being respected (e.g., option to be present)?
3. Ensure Timing is Reasonable
Is the entry scheduled during normal business hours?
Has the owner been given sufficient time to prepare?
4. Check for Additional Bylaw Requirements
Does the condominium’s bylaws require additional approvals before entry?
Are there restrictions on who can conduct the entry (e.g., only board members or authorized personnel)?
Case Study: Was the Entry Legal?
A condominium corporation suspects a minor bylaw violation in a unit. The condominium manager enters the unit without notice while the owner is at work.
Did the Corporation Follow the CPA?
❌ No. There was no emergency justifying immediate entry.
❌ No written notice was provided to the unit owner.
❌ The corporation violated entry restrictions, which may result in legal action.
What Should Have Been Done?
✔ Provide written notice at least 24 hours in advance.
✔ Schedule entry during business hours.
✔ Allow the owner to be present if they wish.
