Strata Tip of the Week - Providing Strata Lot Access

Strata corporations are allowed to access various areas of a property when needed in order to carry out their responsibilities. For example:

• If a limited common property patio is assigned to a strata lot and repairs are required, the strata can request access from the owner to complete the work.

• If the building has a centrally connected fire safety system, the strata may need access to test components such as in-suite smoke alarms as part of mandatory fire system testing.

The right to request access is outlined in Section 77 of the Strata Property Act, which states that:

“An owner who has the right to use common property, including limited common property, or common assets must allow the strata corporation reasonable access to the common property or common assets to exercise its powers and perform its duties.”

In some cases, this may mean an owner is expected to provide access to their strata lot in order for the strata to carry out necessary repairs or maintenance involving common property or limited common property components such as plumbing lines, balconies, or fire system devices.

1. What About Bylaws Requiring a Strata Lot Key?

Some strata corporations have bylaws that require owners to provide the strata with a strata lot key or ensure their strata lot can be accessed using the strata’s master key. While we are not lawyers, we have not seen any legislation or case law that gives strata corporations the authority to require this type of access.

2. Reasonable Access May Not Be the Same as Requiring a Key

As noted earlier, owners must provide reasonable access when needed. However, from a privacy and security standpoint, many residents may feel uncomfortable handing over a key or granting the strata unrestricted access to their home.

3. What This Means for Your Clients

If you’re reviewing a bylaw package on behalf of a buyer and come across a bylaw requiring owners to provide a key or ensure their strata lot can be accessed using a master key, it’s worth flagging. If your clients have concerns, they may want to seek legal advice to determine whether such a bylaw is legally enforceable.

Access-related issues can be sensitive. Framing the conversation around what’s reasonable versus what’s legally required can help buyers better understand their rights and responsibilities, as well as make more informed decisions. When things are unclear, recommending legal advice is always a prudent step.

That’s it for this week. If you have any suggestions for other topics you’d like us to cover, please let us know at info@condoclear.ca.