Police in Condos | Michelle Kelly's Condo Law Blog:
'via Blog this'
"What does the board have to do if the police attend with a warrant? What if they don’t have a warrant? When should the condominium contact the police because of an incident that occurred on the property? In the past these questions were not easy to answer. While the condominium’s lawyer could provide general advice, there wasn’t really much case law to support the advice. Fortunately, in the past few years there have been cases that give some guidance. The courts have confirmed that residents have a reasonable expectation of privacy in the common areas of a condominium. Here are a few court of appeal decisions in the area: R. v. White (2015), R. v. Labelle (2016), and R. v. Drakes (2009). "
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These situations are complicated by the individual interest/common interest property ownership arrangement, building entry controls, and board responsibility for owner safety.
1 comment:
Considering the number of HOA/condo places that purport to authorize the "board" to enter propertis: How can one have an expectation unless no weight should be given to these provisions?
I'm all for getting rid of this "right of entry" for condo/HOA boards - it is not consistent with "ownership" but rather only tenancy. An easy way to bypass 4th amendment protections is for local government to go with a board onto private property of an owner.
As to "common area" the owners have no right to exclude other owners or the other owners' guests or tenants so why should anyone think there is any expectation of privacy. Not that I promote condos/HOAs claiming a right of entry but until this "right" is terminated it is difficult to see where an expectation of privacy could ever apply.
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