Regulation 517/06 and common-area snow clearing at an Ottawa condo
Under Regulation 517/06 of the Residential Tenancies Act, a landlord must keep common areas free of unsafe accumulations of ice and snow. Shared walkways, entrances and parking are the landlord’s responsibility, and a lease clause pushing common-area clearing onto tenants is void, not merely awkward to enforce. Tenants can only be made responsible for areas used exclusively by them. Plenty of small landlords renting out condo units believe their lease has moved the obligation. It has not. For a condo corporation the same conclusion arrives by a different route: the Occupiers’ Liability Act puts the duty of reasonable care on whoever controls the premises, and the corporation controls the internal roads, the visitor lot, the connector walkways and the garage ramp. Whether the exposure sits with the corporation, the property manager or an individual unit owner, it does not disappear into a lease clause.