Common elements공용 부분

What are they?

When you buy a condo you get two things: your unit, and a share of the common elements that you own together with all other owners. The Condominium Act defines common elements very simply: all the property except the units. That usually means the lobby, hallways, elevators, underground garage, gym, roof, exterior walls, the walls between units, and the pipes and wires that run between units.

Where your unit ends differs from condo to condo. It is set by the declaration and the description (the registered plans) that the developer filed. In some condos the unit ends at the inside face of the wall; in others it runs to the middle of the wall. Whether windows and the entry door are part of the unit also depends on the declaration.

Exclusive-use common elements

Balconies, terraces, patios, and in many buildings parking spaces and lockers, are often “yours to use but legally common.” The Act requires the declaration to specify the parts of the common elements that only certain unit owners may use (section 7 (2) (f)). These are called exclusive-use common elements.

The CAO buyers’ guide notes that owners often think their balcony is part of their unit, but legally it may be an exclusive-use common element of the corporation. That is why changing balcony flooring or building a deck on a terrace may need board approval.

Parking and lockers vary. In some buildings they are registered as separate units that can be bought and sold on their own; in others they are exclusive-use common elements tied to the unit. Even if a listing says “owned parking,” confirm it in the status certificate and the land registry.

Who repairs and who maintains?

The Act sets default rules, and the declaration can change them (section 91).

“Maintain” means routine upkeep and repairs after normal wear and tear; “repair” means fixing damage after an event like a fire or leak (section 90 (2)). Check the declaration for the actual split.

The standard unit and insurance

The corporation must insure both the units and the common elements against major perils such as fire, water escape and windstorm (section 99 (1)). But improvements inside a unit are not covered by the corporation’s policy; they are the owner’s responsibility. The line between the basic unit and improvements is the standard unit definition, set by a by-law (section 56 (1) (h)) or, if there is none, by the schedule the developer provided (section 89 (4)).

For example, if the standard unit has carpet and a previous owner installed hardwood, replacing the hardwood after a leak falls on the owner’s insurance. This is why condo owners need their own policy covering improvements, contents, liability and the corporation’s deductible.

If you, your tenant or someone living in your unit with your permission or knowledge damages your unit through something they did or failed to do, the lesser of the repair cost and the corporation’s insurance deductible is added to your common expenses (section 105 (2)). The corporation can pass a by-law that extends this rule to other cases, but not to damage caused by the corporation or its directors, officers, agents or employees (section 105 (3)). The deductible can be large, so check the amount in the certificate of insurance that comes with the status certificate.

If you want to change the common elements

An owner who wants to add to, alter or improve the common elements (for example a balcony door, a wall-mounted air conditioner or an electric vehicle charger) needs a board resolution approving it and a written agreement with the corporation that splits the cost, maintenance, repair and insurance duties (section 98). The agreement is registered on title to the unit and binds future owners (section 98 (5)).

For a small change to your own exclusive-use area (your balcony, for example), the corporation does not have to notify other owners if the board is satisfied it will not harm other units, cost the corporation money, or affect the appearance or structure of the building (section 98 (2)). Electric vehicle chargers have had a separate process since May 1, 2018, under which the corporation must respond within 60 days (Ontario government guidance).

If a previous owner made changes to the unit you are buying, the status certificate must state whether the section 98 agreement has been complied with (section 76 (1) (l)). Work done without an agreement can leave the new owner being told to restore it.

Condo fees and the common elements

Condo fees (common expenses) pay for the common elements. You cannot stop paying because you do not use the gym, have no parking, or are in a dispute with the corporation (section 84 (3)). Your percentage is in the declaration.

Big common element projects (roof, garage, exterior walls, elevators) are paid from the reserve fund. If the fund is short, a special assessment can follow, so look at the condition of the common elements together with the reserve fund study.

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