Trespassing in Condos
Trespassing is an issue many condominiums have to address at some point in time. Maybe the condominium is located beside a local hangout, like a school, a mall, or a park. Maybe the common elements include features that attract people to the property, like railings for skateboarding or a large green space for tossing a football around. Whatever the reason it is likely that your condominium will have uninvited people on the property at some point. A trespasser is a person who, without legal right, enters another's property when entry is prohibited, engages in a prohibited activity on the property, or does not leave immediately when asked. Section 2 of the Trespass to Property Act makes trespassing an offence punishable by a fine of not more than $2,000.00. Q: Who can demand a person leave property? A: The Trespass to Property Act states that an "occupier" has the right to demand that a person leave the property. An occupier includes:
- a person who is in possession of property (i.e. unit owners for the units); and
- a person who has responsibility for and control over the property (i.e board for the common elements).