Condo common elements: A guide to alterations, maintenance, and more

What are Ontario condo common elements?

Under Ontario’s Condominium Act, 1998, “common elements” means all property except the units. Depending on the building, that can include hallways, elevators, parking garages, building systems, landscaped areas, and amenities.

Owners generally share an interest in these areas, while the condominium corporation manages them on behalf of the community.
 

Examples of condo common elements

Common elements in Ontario condos vary by property, but common examples include:

• Lobbies, hallways, and stairwells
   
• Elevators and parking garages
   
• Roofs and exterior walls
   
• Plumbing and electrical systems serving multiple units
   
• Landscaping and outdoor areas
   
• Gyms, pools, party rooms, and other shared amenities

The condominium declaration and description are the best places to confirm what belongs to an individual unit and what is part of the common elements.
 

Exclusive-use common elements

Exclusive-use common elements are parts of the common property that are designated for the use of one or more specific units rather than everyone in the condominium.

Common examples include balconies, terraces, patios, parking spaces, and storage areas. Even though an owner may be the only person allowed to use the space, it can still be part of the condominium corporation’s common elements rather than part of the individual unit.
 

Who is responsible for maintaining Ontario condo common elements?

The condominium corporation is generally responsible for maintaining Ontario condo common elements, while owners are generally responsible for maintaining their own units. However, the declaration can change how those responsibilities are divided.
 

Can an owner alter Ontario condo common elements?

Owners generally need board approval before making additions, alterations, or improvements to Ontario condo common elements. Section 98 of the Condominium Act also generally requires the owner and corporation to enter into a written agreement that addresses costs and future responsibilities.

A Section 98 agreement typically covers:

• Who pays for the alteration
   
• Who maintains it going forward
   
• Who repairs it if it is damaged
   
• How insurance responsibilities are handled

The agreement generally must be registered against the title to the owner’s unit before it takes effect.
 

Section 97 vs. Section 98

Sections 97 and 98 of the Condominium Act deal with different types of changes to Ontario condo common elements.

• Section 97 generally applies when the condominium corporation wants to change the common elements
   
• Section 98 generally applies when an individual owner wants to make an addition, alteration, or improvement

That distinction helps determine who approves the work, who pays for it, and what notice or agreement may be required.
 

What happens to a Section 98 agreement when a condo is sold?

A properly registered Section 98 agreement stays connected to the unit when ownership changes. The Condominium Act provides that the agreement binds the unit and can be enforced against future owners.

That means a new owner may inherit responsibilities tied to an earlier alteration to Ontario condo common elements, including preventive maintenance or repair obligations. Buyers should review registered agreements as part of understanding the unit and its ongoing responsibilities.
 

What happens if an owner alters common elements without approval?

An unauthorized alteration can create issues for both the owner and the condominium corporation. The board may require the owner to stop the work, restore the area, or complete the proper approval process.

The exact response depends on the governing documents and the nature of the alteration. Boards should document the issue, review the applicable requirements, and follow the corporation’s established policy enforcement process.
 

How can owners tell what is part of their unit?

The answer is in the condominium’s registered documents. Unit boundaries and Ontario condo common elements can differ from one property to another, so owners should not rely on appearance alone. Owners can review the declaration and description or ask the property manager for help locating the relevant provisions.
 

Do owners have to pay for common elements they do not use?

Generally, owners must pay their share of common expenses even if they do not use a particular amenity or other common element.

For example, an owner may still contribute toward the cost of a pool, gym, parking garage, or other shared facility even if they rarely use it. The percentage each unit pays is set out in the condominium declaration.
 

What should boards consider before approving a common element alteration?

1. Confirm who owns the area

   Start with the declaration and description. Knowing whether the space is part of a unit, a common element, or an exclusive-use common element helps determine what approval process applies.
    

2. Review the proposed work

   Consider how the change could affect building systems, appearance, neighbouring units, maintenance, and future repairs. Larger projects may also need input from qualified contractors or other professionals.
    

3. Document ongoing responsibilities

   If Section 98 applies, clearly address who will pay for, maintain, repair, and insure the alteration. Good documentation can make responsibilities easier to understand for both current and future owners.
    

4. Register required agreements

   A Section 98 agreement generally needs to be registered against the unit’s title before it takes effect. Keeping this step in the approval process helps preserve the agreement when ownership changes.
    

5. Keep common element planning connected

   Routine maintenance and larger capital projects can both affect Ontario condo common elements. Planning them together can help boards identify when major work is coming, avoid unnecessary or overlapping work, and make more informed condo corporation budget decisions.

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To learn more, contact a member of our team today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.