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Court Confirms Condominium Corporation’s Access Rights
Author:
James Davidson
Publication date:
January 10, 2024
Article Summary:
In the case of Ron John William Dowdell et al, v. York Condominium Corporation No. 403, the Ontario Superior Court affirmed the condominium corporation's right to access an owner's unit and exclusive-use balcony for maintenance purposes, despite objections from the owner. The condominium had installed anchors on the underside of the balcony for cleaning common element windows below. The court ruled that the corporation acted within its rights under Section 19 of the Condominium Act and had not acted unreasonably. The decision emphasizes the broad access rights of condominium corporations while stressing the importance of reasonable exercise and notice to owners.
Keywords:
Condominium, condominium corporation, access rights, maintenance, exclusive-use balcony, Ontario Superior Court, Condominium Act, common elements, anchors, reasonable exercise, notice.
Source Citation:
James Davidson
Court Confirms Condominium Corporation’s Access Rights
January 10, 2024
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