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Step 2: Legal Considerations

The Condo Act allows condo corporations to adopt rules to:

  • promote the safety, security and welfare of condo owners and the property
  • prevent interference with an owner’s right to use and enjoy their condo unit or common elements.

Review the condo corporation’s governing documents

Condo corporations often have provisions to prevent infestations because the risk of them spreading between condo units is high when you live so close to your neighbours. These provisions are often in the corporation’s declaration, rules or by-laws.

Review your condo corporation’s governing documents to see if there are any infestation-related provisions or obligations. You can request a copy from your condo corporation using the mandatory Request for Records form.

Examples of infestation provisions:

Requiring owners or occupants to prevent infestations

Owners must take reasonable steps, such as securing and locking garbage bins, to prevent infestations in their unit and the common elements.

Requiring owners or occupants to take immediate action

Owners must address an infestation, such as black mold, quickly by contacting the condo corporation.

Prohibiting certain activities that are likely to cause infestations

For example, owners may not be allowed to keep insects in a condo unit.

Section 117 of the Condo Act prohibits damage to property or injuring someone.

Section 17(3) of the Act requires condo corporations to take all reasonable steps to ensure that everyone complies with the Condo Act and the corporation’s

Review municipal by-Laws

Contact your municipality to learn about any existing infestation-related by-laws and ensure that you comply with them.

Conduct necessary repairs

It is your responsibility to maintain your condo unit unless otherwise stated in your condo corporation’s governing documents so if your issue isn’t resolved after contacting your condo board or condo manager, you should:

  • Contain and remove the infestation
  • Remove or fix any sources and conditions in your unit that promotes the infestation, such as sealing any holes in the walls
  • Repair any other damage to your unit caused by the infestation.

You may wish to consider hiring a professional infestation removal service with the expertise and tools to completely remove an infestation and safeguard your condo unit and building against future infestations.

You could be held liable if an infestation in your unit damages other units or common areas or if you have not complied with your condo corporation’s governing documents.

Responsibility for removal costs depends on if the problem is found in a single condo unit, multiple units or common elements.

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