Shibley Righton Condo Law

Newsletters and Articles

Newsletters and Articles

 
 

Maintenance, Repair and Construction During Lockdown

Following the new restrictions announced last Friday, April 16th, our offices have received a number of questions related to whether or not condominium corporations may legally continue with various projects at their buildings and in their townhouse communities. The answer is yes.

In addition to the residential construction provisions set out in Section 43 of the regulations, the regulations also provide that maintenance, repair and property management services that “manage and maintain” the safety and operation of the property are permitted. The relevant section reads as follows:

Maintenance

  1. Maintenance, repair and property management services that manage and maintain the safety, security, sanitation and operation of institutional, commercial, industrial and residential properties and buildings.

This means that fan coil maintenance, garage repairs and any other maintenance and repair of the condominium property is expressly permitted.

Again, there is no requirement that these projects proceed. The Board must consider all relevant factors related to the risks in its particular community. This may involve an analysis of whether stopping and restarting the project means that it will not be completed this construction season.

Shibley Righton