Legal

June 27, 2024 Published by Huronia Chapter - By Jon Juffs, Leslie Zabiuk

Understanding Condo Unit Owner Boundaries For Renovations

From the CCI Huronia Spring/Summer 2024 Condo Buzz Newsletter

Renovating within your condominium unit is not as straightforward as renovating a non-condo home. This article outlines the steps you need to take to successfully complete your condo unit renovation while staying within the rules and regulations.

1. Determine Your Condo Unit Boundaries

The first step is to understand your condo unit boundaries. While most condos have typical boundary definitions, some condominiums define them differently. You can verify your unit boundaries in your Condominium Corporation’s Declaration under Schedule C (see Figure 1). The description of unit boundaries can range from a few paragraphs to several pages.

Figure 1

Most condo corporations define unit boundaries in a way where interior finishes on structural items are the unit owner's responsibility. However, in some cases, certain items on exterior walls, such as windows and doors, may also be the unit owner's responsibility.

2. Renovations Affecting Exclusive Use Common Elements

If the area you wish to renovate falls outside your unit boundaries and is classified as an 'Exclusive Use' common element, such as a rear outdoor patio, this renovation will require Board approval as per Section 98 of the Condominium Act (see Figure 2).

Figure 2

If the Board agrees to the proposed renovation, they may choose to implement the same renovation across all units as a Corporation replacement, or they may approve it for your unit only. In the latter case, you will need to sign a 'Section 98 Agreement,' making you responsible for the renovated item. This agreement remains in effect even if the unit is sold to a new owner.

3. Renovations Within Unit Boundaries

If the area you wish to renovate is within your unit boundaries, be aware that changes, similar to those affecting common elements, may be subject to restrictions in the Corporation’s Declaration, By-Laws, or Rules. Many Corporations require Board approval for most changes to units to ensure nothing interferes with common elements (e.g., sprinkler heads). Once approved by the Board, you may proceed with your renovation, incorporating any feedback from the Board.

4. Permits and Municipal Regulations

Before starting your renovation, check if you need any permits (for example, building, electrical, mechanical, plumbing, site plan, and so on). Each municipality has different regulations, so verify with your local authorities to ensure compliance.

Conclusion

There are numerous steps and reviews required before starting a renovation within your condominium unit. Following these guidelines will help you navigate the process smoothly and avoid potential issues.

Jon Juffs & Leslie Zabiuk
Egis