As an Alberta condo owner, your condo is your castle. Your sanctuary. It comes with a guarantee of certain rights and freedoms – but do you know what those are?
It might seem like something of a mundane or arbitrary point, but knowing your rights when it comes to who can enter your condo, how, when, and under what pretenses. That is an important part of condo ownership – and exactly the sort of knowledge that most folks don’t typically concern themselves with until they’re in the heat of a moment when they don’t have the option to stop for a moment and do that important research!
Put yourself ahead of the game. Know your rights and ensure you’ve got a clear understanding of what they mean for you as a condo owner. Let’s dig in.
Five Rights and Considerations to Be Aware of as a Condo Owner
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Right of Entry is Solely Stipulated by the Property Owner…
When it comes to plain and simple entry to your condo unit, your rights as a condo owner are going to be are going to be similar to the rights any individual has concerning their privately-owned property: only those whom that owner grants entry to may enter and access that space. This holds true in almost all instances…
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…Unless the Condo Board is Involved
Now, this isn’t to say that your condo board has the right to unfettered access to your condo unit, because they don’t! Far from it, as a matter of fact. However, there are certain overarching qualifications for condo board entry found within Alberta’s Condominium Property Act. The Act itself stipulates that a condo corporation’s bylaws further dictate when and how the board enters your condo, they choose to do so.
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Really? All the Board Needs to Do Is Send a Letter?
Well, no – but also, kind of? Delivering a message of intent to enter your unit is by and large the biggest step your board needs to take to enter your unit, but there are additional considerations that need to be considered in the process.
For example, your condo corporation or condo management company can’t just enter your unit on a whim simply to take a stroll about – they must be doing so on the ground that they’ll be replacing, restoring, or renewing something that the condo owner or other owners in the building will benefit from. Entry must take place only between 8AM and 8PM, and cannot occur on a holiday or day of religious worship (according to the tenant’s calendar of observances). Finally, it’s important that the notice also details the reason for entry and the intended date and time in writing – simply verbally communicating any of these details is not enough. Of course, that being said, all of these stipulations are trumped by the possibility of an emergency.
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In Case of Emergency…
When it comes to emergencies, all bets are off in terms of condo unit entry. It is stated within the Condominium Property Act. To enter a unit the entrant has reason to believe. There is a crisis situation taking place inside (e.g.: fire, flooding, etc.). This is done without notice and allows the entrant to replace, renew, or restore anything that might put a stop to the emergency situation.
While emergencies are about the only acceptable reason to enter a unit without notice, a condo board or management company may also issue a notice of entry on the basis of bylaw compliance, as well.
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When It Comes to Entry into Your Unit, It Pays to Be Cool
While having to accommodate entry into your unit can be an annoyance. It’s typically best for owners to co-operate in these situations. Within reason, of course. While you might not be particularly excited to show that weird board member with the unibrow around your condo. On a Wednesday evening, simply refusing entry can result in the board or condo management company. Obtaining a court order to allow them inside. Oftentimes leaving the owner to cover the legal fees. Ditto calls locksmith. The last thing you want is to have to pay through the nose. Just because you were trying to avoid the inconvenience of a 15-minute house call. So it makes sense to do what you can to accommodate requests for entry. Especially when they follow all the proper protocols.
Want to learn more about your rights as a condo owner? Have a question regarding entry into you unit? Give us a call at Catalyst Condo Management to learn more or to seek out an advocate if you feel your rights as an owner are being infringed upon in any way!
