CONDOCENTRIC: Ask The Pros - Salespeople and Trespassing

Question:

We are having a problem with salespeople bothering residents in a seven-storey building.  Signs are posted at the main entrance indicating “no soliciting.”  If they refuse to leave when requested, can we call the police and have them charged with trespassing?

ANSWER:

As yet, the courts have provided little guidance upon the application of the Trespass to Property Act to condominium corporations.   

Section 2 of the Trespass to Property Act provides that every person who is not acting under a right of authority confirmed by law and, who does not leave the premises immediately after he or she is directed to do so by the occupier of the premises, or a person authorized by the occupier, is guilty of an offence and on conviction is liable to a fine of not more than $2,000.00.

To this end, if a salesperson is found on the property, it is necessary to first establish that the salesperson has not been invited in by a particular resident to meet with the resident.

When confronting an individual, it would be prudent to establish who he/she is and why he/she is in the property.  If possible, obtain and record some type of photo identification from the person, including employment identification.  The person should be asked to leave and escorted to the front door.

The condominium corporation has a duty to control, manage and administer the common elements, and is deemed to occupy the common elements for liability purposes. 

In the event that the individual refuses to leave the property, the police may be contacted with the view to having the trespasser charged.

If the individual does leave the property when requested, it may be prudent to send a letter to that person’s employer cautioning that door-to-door sales/marketing is not permitted and that should a representative of the company again be found on the property, the police will be immediately contacted with a view to having both the individual and the employer charged with trespassing.

From "Condominium Manager (CM ACMO) Magazine" - Spring 2006 p.60

All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

www.elia.org

© Elia Associates Professional Corporation, All Rights Reserved.