Written by Shlomo Sharon | 01 September 2001

The Toronto Star − Condo Living Section
Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

Recently there was a Fire Alarm Inspection done in our condo complex. I did not receive any notice regarding this inspection. (Management claims they did send one out).
I returned from work to find my alarm system in my unit indicating that somebody had entered my unit. The first thing on my mind was that someone had broken-in and I was freaking out. Then I found my phone being misplaced when I wanted to make a call to the security gatehouse/police. Only by chance did I find a note stuck on the corner of the wall saying that a Fire Alarm Inspection was done in my unit. Now this is not the first time this has happened to me. The previous Fire Alarm Inspection, management did send out notices informing us of the scheduled days that the inspection would take place. But because they could not complete the inspection in the whole complex as scheduled they entered my unit on the next day without giving me any notice.

What are my rights? Should this have been reported to the police as Entering and Breaking-in? What actions should I take if this happens again? Please help. I am desperate to get some answers. Thank you.

Answer

I understand your concern. "Your home is your castle." However, Section 19 of the new act titled "Right of Entry" states that the Corporation shall give reasonable notice to an owner to perform the objects and duties of the Corporation. This duty would include carrying out Fire Inspections. Once the Corporation gives notice to an owner, the Corporation (or a person authorized by the Corporation) is permitted to enter the unit to perform the inspection.

As management, I often recommend that if the work cannot be completed in one day, that the notice indicate so or a further notice should be given to the owner explaining that additional time is required.

I hope that you have notified management and your Board of Directors about your concerns in the hope that in the future you are made aware of the required number of days needed to carry out any work by the Corporation.