Why after-hours response belongs in the management agreement
Most building emergencies do not wait for business hours. A failed riser valve at 2 a.m., an elevator entrapment on a Sunday, a flooded garage during a storm or a fire alarm on a holiday weekend all need someone to answer the call, make decisions and get the right contractor on site.
For many Ontario condominium boards, the question of who does that, how fast, and with what authority is only answered once something goes wrong. This article looks at after-hours and emergency response from the board's side of the table: what the law asks of the corporation, what a management company is and is not required to provide, and what to write into the management agreement so expectations are clear before the phone rings.
If you are looking for a broader overview of emergency plans, drills and resident preparedness, see our article on condominium emergency preparedness. This piece focuses on the manager's role and the contract that defines it. It is general information, not legal advice.
What the corporation is responsible for
The legal duties sit with the condominium corporation, not with the manager. Under section 17(2) of the Condominium Act, 1998, the corporation has a duty to control, manage and administer the common elements and the assets of the corporation. Section 90(1) requires the corporation to maintain the common elements, and section 89(1) requires it to repair the units and common elements after damage, both subject to what the declaration provides under section 91 and, for repairs, section 123.
Directors carry the oversight. Section 37(1) requires every director and officer to act honestly and in good faith and to exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. In practice, that means a board should be able to explain how emergencies are handled outside office hours and who has the authority to act.
Insurance is part of the picture too. Section 99(1) requires the corporation to obtain and maintain insurance for damage to the units and common elements caused by major perils, which section 99(2) defines to include fire, smoke, windstorm, hail, explosion and water escape, among others. How quickly damage is contained and documented can affect the claim, so emergency response and insurance should be planned together.
What the law does not say about after-hours service
The Condominium Management Services Act, 2015 requires condominium managers and management providers to be licensed, and section 17.0.1 of the Condominium Act prevents a corporation from entering into a management agreement with an unlicensed provider or manager. Neither statute sets a standard after-hours service level, a maximum response time or a required call centre arrangement.
That means a management company's after-hours obligations are whatever the management agreement says they are. A phrase like "24/7 emergency support" in a proposal is a marketing promise until it is written into the contract with enough detail to be measured.
The regulations do give boards useful tools when negotiating. Under section 5(1) of O. Reg. 4/18, before entering into a contract for condominium management services, a licensee must disclose in writing a description of the services and associated costs it would provide under the contract, and a statement of whether any of those services will or could reasonably be expected to be provided in whole or in part by another person, with that person's name and a description of the service. If after-hours calls will be answered by a third-party call centre or dispatch service, the board should see that disclosed.
Section 4(4) of the same regulation requires a licensed management provider, before entering into a contract, to give the client certificates of insurance for the errors and omissions insurance and fidelity insurance it must carry, including the type of coverage, the amounts per occurrence and in aggregate, the insurer, the policy number and the dates of coverage. Keep those certificates on file and ask for renewals.
What to put in the management agreement
A clear after-hours schedule in the agreement prevents most of the arguments that follow an emergency. These are the points we recommend boards address.
Coverage and how owners reach it
- The hours that count as after hours, including weekends and statutory holidays.
- The emergency phone number owners and residents should call, and how it will be published in the building.
- Who answers that number: the management company's own staff, an on-call manager rotation or a third-party service.
- Which situations are treated as emergencies, such as active water leaks, loss of heat or power to the building, elevator entrapments, fire alarm activations, security breaches and garage door failures, and which can wait until the next business day.
Response and escalation
- Target times to return a call and to have a contractor or staff member on site for each category of emergency.
- A written escalation list that sets out who is called next if the first contact does not respond, up to a senior manager at the company.
- When the board president or another designated director must be notified, for example for any event involving injury, police or fire service attendance, significant damage or media interest.
Spending authority
Emergencies often need money spent before the board can meet. The agreement or a board resolution should set a spending limit the manager can authorize to stop or contain damage, and say what happens above that limit, such as a phone or email approval from a designated director. Ontario law does not set this figure, so each board decides what suits its building and budget. Whatever the amount, require that every emergency expense is reported to the board with invoices at the next opportunity, and record the board's ratification in the minutes.
Contractors on call
- A list of approved emergency contractors for plumbing, restoration, electrical, elevators, fire protection, locksmith and garage doors, with after-hours contact details.
- Confirmation that contractors carry appropriate insurance and that pricing for after-hours callouts has been agreed in advance where possible.
- A rule that the board is told if a non-approved contractor had to be used, and why.
Reporting after the event
Require a written incident report after any after-hours emergency: what happened, when the call came in, who responded and when, what was done, what it cost so far, photos, the units affected and the follow-up needed. Those reports become part of the corporation's records and often matter for insurance claims and any later dispute about responsibility.
Information the manager needs before the emergency
A fast response depends on information being ready. The board and manager should agree on who keeps the following current and where it is stored so it can be reached outside office hours:
- Building plans and locations of main water shut-offs, riser valves, electrical rooms and mechanical rooms.
- Emergency contacts for owners and residents, collected and handled in line with the corporation's privacy practices.
- Key and fob control: who holds master keys after hours and how access is logged.
- The corporation's insurance broker and adjuster contacts, and the policy's notice requirements.
- The fire safety plan and supervisory staff arrangements. Our article on fire safety duties for Toronto condo boards explains what the Fire Code requires.
Entry into units deserves particular attention. Section 19 of the Act allows the corporation or a person it authorizes to enter a unit, or common elements an owner has exclusive use of, on giving reasonable notice and at any reasonable time to perform the corporation's objects and duties or exercise its powers. Many declarations and by-laws add their own entry provisions. Review yours with your lawyer and make sure the manager's after-hours procedure follows them.
Water leaks: the most common after-hours call
In high-rise buildings, water escape from failed pipes, valves, appliances and fixtures is one of the most frequent after-hours calls and can affect several units below the source. The first hour matters most: finding and isolating the source, protecting affected suites and common areas, documenting the damage and notifying the insurer where appropriate.
A good after-hours procedure tells the person on call exactly which shut-offs to use, which restoration contractor to call, and how to communicate with affected owners. It also keeps the questions of cause and cost separate from the emergency itself. Who ultimately pays depends on the cause, the declaration, any standard unit by-law and the insurance deductible, and those decisions are better made calmly afterwards. For prevention and claims strategy, see our guide to preventing water damage and insurance claims.
Testing the arrangement before you need it
Boards do not have to wait for a real emergency to find out whether after-hours coverage works. A few simple checks can reveal gaps:
- Call the emergency line. Do it outside office hours, with notice to the manager, and note how long it takes for a person to answer and call back.
- Review the incident log. Ask for a summary of after-hours calls over the last quarter, response times, and any events where the escalation list was used.
- Walk through a scenario. At a board meeting, pick a likely emergency and ask the manager to explain step by step who would be called, who would attend and what they could approve.
- Check the contact lists. Confirm the contractor list, director contacts and owner emergency contacts are current.
If after-hours response keeps falling short of what the agreement promises, document it and raise it formally. Repeated failures are among the signs it may be time to change your management company.
Questions to ask a prospective management company
When the board is comparing proposals, after-hours response is one area where answers differ a great deal. Ask each company:
- Who answers the emergency line after hours, and are they your employees or a third party?
- How many buildings does the on-call manager cover on a given night?
- What response times will you commit to in the agreement, and how will you report on them?
- What spending authority do you recommend for a building like ours, and how do you report emergency spending to the board?
- Can you share a sample incident report with confidential details removed?
- Which approved contractors do you use after hours, and how are they selected?
Our guide to writing a request for proposal for management services explains how to build these questions into a structured RFP so proposals can be compared fairly.
How Brilliant Property Management can help
Brilliant Property Management has supported Ontario condominium boards since 2002. We help boards set clear after-hours procedures, spending limits and reporting so directors know what will happen when something goes wrong at night or on a weekend. Learn more about our condo property management in Toronto, review our full services, or invite us to submit a proposal through our request for proposal page.
Frequently asked questions
Is our condo management company required to provide 24/7 emergency coverage?
Ontario law does not set a standard after-hours service level for condominium managers. What the company must provide is whatever the management agreement says. That is why boards should spell out after-hours coverage, response times and escalation steps in the agreement rather than relying on a general promise.
How much should a manager be allowed to spend in an emergency without board approval?
There is no statutory figure. Each board sets its own limit, usually in the management agreement or a board resolution, based on the building's size, budget and risks. The important part is that the limit is written down, that it allows the manager to stop damage quickly, and that any emergency spending is reported to the board promptly afterwards.
Can the corporation enter a unit without notice during an emergency?
Section 19 of the Condominium Act, 1998 allows the corporation or a person it authorizes to enter a unit, or exclusive-use common elements, on giving reasonable notice and at any reasonable time to perform the corporation's objects and duties or exercise its powers. Many declarations and by-laws contain their own entry provisions. Boards should know what their documents say and get legal advice on entry procedures before an emergency happens.
Who pays for emergency repairs after a leak or flood?
It depends on the cause, the declaration and the insurance. Under the Act, the corporation generally repairs units and common elements after damage, subject to sections 91 and 123 and the declaration, and the insurance deductible may be recoverable from an owner in some situations. The manager's job in the moment is to stop the damage and document it; who ultimately pays is decided afterwards.
Should after-hours calls go to a call centre or to the property manager?
Either can work. What matters is that the person answering can reach a decision-maker and approved contractors quickly, follows a written escalation list, and logs every call. Under section 5 of O. Reg. 4/18, a licensee must disclose before contracting whether any services will be provided by another person, so ask who will actually answer the phone.
This article is general information about the Condominium Act, 1998, the Condominium Management Services Act, 2015 and O. Reg. 4/18, current as of October 2026. It is not legal advice. Your obligations depend on your declaration, by-laws, management agreement and insurance policy. Consult your condominium lawyer and insurance broker about your corporation's situation.