Big Win for Macdonald Sager LLP Condo Group – Condos Must Provide Proper Notice Prior to Engaging in Exclusive Use Common Element Repairs

In a precedent setting case, the Ontario Superior Court of Justice has held that a condominium corporation must provide proper notice to owners under section 92 of the Condominium Act before engaging in exclusive use common element repairs, if the intention is to subsequently charge the owners for the work.

Here is a link to the decision:

More analysis is to follow. But for now it must be stressed that if owners have an obligation to repair their exclusive use common elements, then corporations and property management must first provide these owners with the opportunity to complete the work themselves prior to engaging in the work.

This article is not intended to serve as a comprehensive treatment of the topic and is not legal advice. All legal matters are dealt with pursuant to their specific facts and circumstance. Nothing replaces retaining a qualified, competent lawyer.