# Is this legal



## Fraser19 (Aug 23, 2013)

Hey,

So I feel my condo board has a tendency to overstep boundaries where I live, and I am getting fed up with it. Here is a note they slipped under my door.


So a few months ago I got out of the shower and the maintenance man and some other guy were standing in my living room. I was not exactly too happy about this and got them out of my unit pretty quick. They were checking to make sure the smoke alarms were in working order. However, they did not provide me with any notice. 

Now I get this notice under my door. To the best of my knowledge I am pretty sure they cannot legally enter my unit without me being there, is this true? Also I am pretty sure they cannot pick my lock if they do not have a working key, is this true? 

It really angers me that they send a note like this which states if you are not home during the time that we will be inspecting around 80 units we will enter your house, if we cannot enter we will get a lock smith to pick your lock which will cost you around $65.00 and depending on difficulty it may result in the destruction of your lock.

As far as I understand entering my house without my consent and me being there would be breaking and entering, invasion of privacy and destruction of property?

My girlfriend and I have a mortgage on this condo we do not rent, and we live in Alberta. What do you guys think about this situation?


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## Toronto.gal (Jan 8, 2010)

Yes, they have the right to enter your unit for whatever maintenance the corporation is responsible for. You're notified days in advance to make arrangements for you or someone else to be present; in my condo., the notice is even posted in the elevators as reminders.

You need to realize that inspectors come on set-dates, and that unit owners can't make appointments.


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## Fraser19 (Aug 23, 2013)

What about the destruction of the lock?


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## heyjude (May 16, 2009)

The condo board and it's management do not have an absolute right to access your suite *unless* it relates to maintenance of common property. Regular fire inspection, including the functionality of smoke detectors, is usually a requirement of municipal bylaws and insurance, and since a fire in one unit can spread to others, it is obviously in everyone's best interest that fire prevention systems are kept working order. It's an insurance issue too. That said, there is an etiquette for implementing fire inspections and it is outlined at the link below. I'm sorry it's not an Alberta link but I couldn't find a specific one for that province. 

If a number of units cannot be accessed for fire inspection, or if there are deficient fire prevention systems that are not addressed, the Fire Marshall has the authority to require that the building be evacuated until the deficiencies are corrected. 

I am reminded of the fatal apartment fire in a Toronto high rise a few years ago. The resident was a hoarder, but nobody had seen the inside of his home prior to the fire.

Personally I am willing to give up a small bit of privacy in favour of safety. I think that's a helpful POV when you live in a condominium. The notice you received is broadly similar to notices we use. Our building manager accompanies the fire inspector, who will be working on a tight schedule. If you are not going to be home that day, I suggest that you leave a spare key with your building manager, or with a trusted neighbour, and inform the building manager. That way, no locksmith will have to be hired to open your lock. The possibility of destruction of the lock is not likely and is mentioned as a disclaimer. 

http://www.condoinformation.ca/owners-rights-responsibilities/entry-notification


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## Fraser19 (Aug 23, 2013)

heyjude said:


> I suggest that you leave a spare key with your building manager, or with a trusted neighbour, and inform the *building manager*. That way, no locksmith will have to be hired to open your lock. The possibility of destruction of the lock is not likely and is mentioned as a disclaimer.


I like that idea. 

I don't have a problem with them coming to look at the smoke detector, but I do get offended when they slide a paper under my door that implies they will destroy my lock to gain access to my unit. 

Thanks


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## Just a Guy (Mar 27, 2012)

That's just a "covering their butt" clause.


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## Barwelle (Feb 23, 2011)

slightly off topic but you may want to block out or cut off the address and name of the condo, contact info, etc...


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## Synergy (Mar 18, 2013)

Seems pretty standard to me. The condo corp / management company should either have a master key for all units or a spare key to each individual unit on file. Should a condominium unit owner decide to re-key their own locks, the condo board / management company should be contacted immediately. If they can't gain access to a unit I would assume that they would try to contact the unit owner before proceeding with a locksmith. However, if they provided sufficient notice it would likely be within their legal rights to "pick" the lock in order to proceed with their routine inspection, etc.

Condo living isn't for everyone, especially those wanting 100% privacy.

Not providing you notice and walking in on you while you're in the shower is however completely unacceptable - that is unless is was for an emergency.


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## Xoron (Jun 22, 2010)

Fraser19 said:


> I like that idea.
> 
> I don't have a problem with them coming to look at the smoke detector, but I do get offended when they slide a paper under my door that implies they will destroy my lock to gain access to my unit.
> 
> Thanks


Most condo's don't let you change your own locks. You have to get it done by a locksmith designated by the condo corp. Then they key it to the building master. In case of an emergency, they'll unlock your door and enter rather than break it down (costing 2-3k to repair)

Been there, done that. Not fun at all. Took months to get the door properly fixed.


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## lb71 (Apr 3, 2009)

Slipping a notice under your door is pretty standard way for the condo corp to communicate with residents. I am surprised to see the language about the locksmith. They must have had issues with some owners changing their locks and not providing a copy to the property manager. It is pretty standard for the property manager to have a copy of everyone's key. I owned a condo for about 6 years and do recall a notice once about people tampering with their fire alarms, and if you are caught you will be charged to fix it. I didn't take it personally, but they must have discovered a unit that did and were just telling other people. You've been warned, and you can't plead ignorance after the fact.

You should have received a copy of all the condo's rules and regulations when you purchased the condo (in Ontario you do anyway). If not, ask for one. It would state in there that they do have the right to enter with notice (and without in case of emergency).

Is this your first time owning a condo? You have to understand, you own one of many units, and this is one of the inconveniences you have to live with. This is a way for them to minimize costs too. Given the living situation they have to get the smoke alamrs inspected. (If you owned a house, you are not required to have someone inspect your smoke alarm. In a condo, you are.) So it is cost effective for the corporation to get everyone's unit inspected at the same time and would be built into your maintenance fees. If you and everyone else had to go get your own inspector, well I'm sure it would cost a lot more individually. Plus, the condo corp has to spend the time to ensure everyone did get their units inspected. You'll find that there are other reasons for them to enter your unit. Depending on your heating system, they may need to change the filters twice a year. If you can't get past these maintenance visits, you shouldn't be living in a condo.


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## OptsyEagle (Nov 29, 2009)

Yeah, I suspect the locksmith comment was to give you incentive to give them a key. I will guarantee that them having a key is a requirement of the condo rules, but many owners don't like this and will pretend to forget to give them one. So they are just saying, they will get in and any damage will be yours since they were not given a working key.

Welcome to condo living. All this is standard.


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## nobleea (Oct 11, 2013)

In most condos, the front door is considered 'common' property and does not belong to your unit. Same thing for windows. That's why you're not allowed to change them at will.
Entering a unit with notice or without notice (in the case of an emergency) is standard in condo living.


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## heyjude (May 16, 2009)

To the OP: please take a look at Appendix 1, Section 33, of the Aberta Condominium a Property Act. The paragraph you need is *Duties of the Owner* and it is on page number 66 by the page numbers (page 68 of the PDF). 

http://www.qp.alberta.ca/documents/Acts/c22.pdf

The answer to your question is Yes, this is legal.


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## Cal (Jun 17, 2009)

Seems standard to me. One place I lived the letters also said that any unworking smoke detectors would be replaced with X brand and the owner would be billed X amount for replacement. Condos can come with some of these inconveniences.


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## kcowan (Jul 1, 2010)

We have seen condos that have sprung a leak in the pressure switch of the hot water heater. Access to that condo is essential to prevent water damage around them. Our friends staying below the empty condo awoke at 3am with 5" of water on their floor.


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## heyjude (May 16, 2009)

kcowan said:


> We have seen condos that have sprung a leak in the pressure switch of the hot water heater. Access to that condo is essential to prevent water damage around them. Our friends staying below the empty condo awoke at 3am with 5" of water on their floor.


This happened in my complex. If a leak occurs, the owner will be responsible for damage to their own condo, damage to other people's condos, and damage to common property. The strata corporation obviously must take immediate steps to mitigate the damage, requiring urgent access to stop the leak. The strata corporation will complete repairs to common property and will charge the cost back to the owner of the condo where the leak occurred. It is the owner's responsibility to reimburse the strata corporation and to claim this on his or her insurance policy. The strata corporation must also ensure that damage to other condos is mitigated, for example, wet plaster and insulation leading to mould in the condo downstairs. That's why I turn off my water before going on vacation. 

Condo living does require some compromises. I have a neighbour who complains constantly about absolutely everything, from people talking on patios to dogs barking, to barbecueing. I really think he would be happier in a single family home on a large acreage!


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## mind_business (Sep 24, 2011)

Regarding the keys ... why would some units have locks where the master keys don't work?


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## OhGreatGuru (May 24, 2009)

I think that has been previously answered. Because some owners will improperly change/add locks without telling the condo management.


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## OhGreatGuru (May 24, 2009)

To Fraser19: Your embarrassment at this awkward incident is understandable, but as other have advised you , condo managment does have the right to enter for such purposes.

However you say _"they did not provide me with any notice"_. This should be most unusual (at least with well-run condo management) for a scheduled inspection, and if they truly did not give you notice they owe you at least an explanation if not an apology. But I would politely inquire how notice was given the first time around before complaining to the Board. Is it possible you or your GF chucked it as junk mail?


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## Daniel A. (Mar 20, 2011)

They do this in BC as well no problem from my perspective living in a wooden building I want to know they are on top of the issue.


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## kcowan (Jul 1, 2010)

Notification can be a problem. Our management slips a typed notice through the mail slot but we also receive flyers through the same slot so they can slip into the recycle bin inadvertently. I have asked them to also send them via email but they have resisted because they are not required to by law. Sometimes it would be nice to get the advance notice.


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## Toronto.gal (Jan 8, 2010)

In our 10+ years living in a condo., have never failed to receive notification for either inspection: balcony for water penetration/clothes dryer vent cleaning/fire inspection/heating filter, etc., so I would tend to agree with OGG, that perhaps you/gf. misplaced it and/or took it for junk mail. Or, that considering you were not even aware of the condo. rules, that you may have forgotten the notice altogether thinking that they could not enter your unit regardless of notification. The latter can happen; it happened to me just once, but at least I was dressed and not in the shower when they came knocking. 

I always see maintenance & other notices posted in elevators/parking levels at various condos., not in yours?

*Edit:* also, don't ignore window cleaning notices, so that you won't only find yourself naked with open curtains when the work begins, but also to remove the panes.


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## Toronto.gal (Jan 8, 2010)

This thread, and the importance of knowing all the condo's policies & rules before buying, reminded me of a lady in our bldg., who had moved in with a dog and was told she needed to get rid of it. She got very angry, took the corporation to court & lost. Here I suppose her real estate lawyer could be blamed.

Her argument had been that some residents owned dogs, but that was because the corporation allowed the removal of dogs by way of attrition, meaning that those that owned dogs before the condo. policy was updated, could keep them.


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## Rusty O'Toole (Feb 1, 2012)

It would be illegal if they didn't. By law they are obliged to furnish working smoke detectors or CO2 detectors and could be legally liable if they don't and there is a fire.

Believe it or not they would rather not bother but if they left you alone they would be breaking the law.


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## Tightwad (Mar 28, 2014)

Fraser19 said:


> What do you guys think about this situation?


The fire alarm system is a safety system that protects the string of condos since they are either attached or part of an apartment building. I believe they do have a right to inspect that.

I was in a condo once. Never again simply because the board of directors cannot manage money and make sound decisions as good as I can.


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## kcowan (Jul 1, 2010)

MacLeans article on condo councils gone wild

Some interesting perspectives on condo hell. Count your lucky stars!


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