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Shawn Pulver

Partner

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

Hi there,

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: bit.ly

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.

Stay safe everyone!