Home › COFSAB Forum › Condo Owners Forum Q&A › Owner denies access for Gas Fireplace inspections, Plumbing Maintenance etc. › Reply To: Owner denies access for Gas Fireplace inspections, Plumbing Maintenance etc.
MemberSeptember 7, 2023 at 3:35 pm
Consent to enter a unit is not required if 24-hour notice is provided to the owner or tenant to replace, renew, or restore anything in the unit that would otherwise cause damage to the common property. The scheduled unit access needs to happen between 8am and 8pm on a non-religious worship weekday or Saturday. Notice to enter must be provided in writing, state the reason for entry, and provide the date and time of entry.
Attached is an example letter I sent to a unit owner a couple of weeks ago. You can copy this letter if you want but I don’t make any promises that it’s compliant with your bylaws!
If after the third attempt to enter the unit owner does not provide access (for example if they are home and refuse entry to the contractor) then the condo corporation can apply for a writ of enforcement to be registered on the unit – the corporation should hire a lawyer to assist with this.
If the corporation has a responsibility in the bylaws to repair this equipment, then unfortunately, the cost to repair damage to the common property is likely going to be condo corporation responsibility. Check your bylaws to see if this equipment is actually the responsibility of the corporation. If the unit owner is responsible to repair the equipment then the damage caused to common property is their responsibility, but check your bylaws to see if you are allowed to charge costs back to units.
Let me know if I can assist in any way.