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ARTICLE · 02 MAY 2023

Condo Corporation Liability For Nuisance

McLennan Ross LLP
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Condo corporations and their boards are required by law to keep the condo's common property in a state of good and serviceable repair. For an apartment-style condo, common property typically...

CanadaReal Estate and Construction
Matthew Ryan
Matthew Ryan
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Is your condo corporation protected against claims in nuisance?

Condo corporations and their boards are required by law to keep the condo's common property in a state of good and serviceable repair. For an apartment-style condo, common property typically includes roofing, windows, balconies, elevators, and structural components. These items will require repairs or replacement as the building ages.

However, a recent court decision in Alberta illustrates the potential liability in nuisance faced by a condo corporation that repairs its common property in ways that interfere with occupants' use, and enjoyment of their unit. Since all repairs involve some amount of interference with a condo's occupants, this court decision deserves a closer look.

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