Condo Living

March 27, 2026 Published by Golden Horseshoe Chapter - By Matthew Foster

Common Problems with Common Elements

From the Volume 27, Spring 2026 issue of the CCI GHC Condo News Magazine

Condominium living offers many benefits, such as less site maintenance, shared amenities, and fewer weekend trips to the hardware store. However, some of these benefits can quickly become frustrations when owners do not fully understand where their responsibilities end and where the Condominium Corporation’s begin.

When considering a condominium, buyers (or existing owners) should familiarize themselves with what that purchase includes and what they are responsible for maintaining, versus what the Condominium is responsible for. Every condominium is different, so it is important for buyers to get a clear understanding of what specifics apply to them.

Terms and Definitions – Condominium Buyer edition

A few important terms condominium buyers and owners should familiarize themselves with include:

• Common Elements
• Unit Boundaries
• Standard Unit By-Law
• Section 98 Agreement

Common Elements

A common element is a building component owned and maintained collectively by all unit owners through the Condominium Corporation, rather than by an individual unit Owner. Maintenance of these elements is generally facilitated by the elected Board Members and/or Property Management.

Examples of typical common elements include:

• Parking garages
• Roofing
• Exterior wall cladding
• Roadways
• Large Mechanical equipment, like boilers, chillers, make-up air units, etc.
• Building amenities like pools, saunas, and exercise rooms

Alternatively, some Condominiums purposely have very limited common elements, often called (perhaps ironically) “Common Element Condominium Corporations” (CECCs). These types of condominiums often resemble a typical townhouse site, but only the roadways and buried infrastructure might form part of the common elements, while the roofing and cladding fall back onto individual homeowners to maintain. For some, this could be a nightmare if your neighbour likes Neon Pink siding.

Common elements are generally shared by the community, so handling their repair and maintenance collectively makes a lot of sense. Benefits of this arrangement include:

• Maintain consistency in terms of aesthetics and repair quality/methodology.
• Coordinating larger scopes of work together benefits from economies of scale.
• Specialized access (scaffolding, swing stages, lifts) is more practical when used for multiple repairs instead of ‘one-offs’.

A main drawback, however, is that individual unit owners do not have as much control over when and how repairs are completed. When a leak appears in your ceiling, and you are waiting on approvals, tenders, and construction schedules, all of which are in the hands of someone else, that loss of control can feel very real. Frustration often follows. Add human nature, emotions, and Condominium politics, and you have the perfect recipe for heated conversations.

Some common elements are not as obvious. These are often defined as “exclusive use common elements”, where one Resident generally has the right to use a common element space, but its repair and maintenance is handled by the Condominium. For example, in apartment-style condominiums, this often includes exterior balconies. In a townhouse community, this might include your driveway or backyard areas.

Modifications to an “exclusive use common element” is often a more complex situation to handle. Many owners think they can do whatever they like with these spaces since they are the only ones with the right to use them, but this can be a costly mistake.

If you add custom features that obstruct the Condominium from maintaining related common elements, then you could be on the hook for costs of restoring them back to their original as-built condition.

A recent example we came across involved custom wooden decks and retaining walls installed along some townhouse backyards. The decks and retaining walls were installed sometime after the original construction, without permission from the Condominium. These features obstructed access to the fencing between the backyards, which the Condominium was in the process of replacing, bringing the project to a halt until this matter could be sorted out with all the individual unit owners, causing a lengthy delay.

Some owners purchased their units with decks and/or retaining walls already in place, unaware that they were not original and had been installed without permission. Now, they may be responsible for the cost of removing them. They might also face restrictions on reinstalling a new deck, turning the backyard oasis they thought they purchased into something less ideal. It is an unfortunate, no-win situation for everyone involved, which often falls to Property Managers to deliver bad news and address these issues.

Unit Boundaries

Where your unit ends, and common elements begin, is typically outlined by the unit boundaries defined in ‘Schedule C’ of the Condominium’s Declaration, read in combination with referenced drawings. Vertical and horizontal boundaries, as well as any unique cases, should be defined in detail to avoid interpretation or ambiguity. Declarations include legalese-type wording that can be difficult to understand for those of us without a law degree. Below is an example of how they might be worded:

Each Residential unit is horizontally bounded by:

1. The backside surface and plane of the drywall on all exterior walls or walls separating units from each other or other common element areas.
2. The plane formed by the interior surface of all exterior doors, windows, and glass panels.

How these definitions are worded is extremely important, as they can have significant implications. In recent years, these definitions are generally more well thought out with better details for future maintenance considerations. However, buyers beware when purchasing an older condominium, as these documents are infrequently amended and may include outdated wording that is impractical from a construction perspective.

As an example, we have seen some poorly written unit boundary definitions, where window frames are defined as a common element, but the glass panes are the responsibility of individual unit owners. This creates a logistical nightmare when it comes time to replace the windows. Window frames cannot be replaced without replacing the glass. So would it be fair or practical to ask every individual unit Owner to coordinate to have the glass replaced themselves after the new window frames are installed? Absolutely not. Would it be fair then for the Condo to include new glass with the window replacement, but then special assess each individual unit Owner for the “extra” cost of glass? Perhaps, but this is a question we would like to ask the Lawyer who drafted this clause.

Section 98 Agreement

Given all these rules and legalese, you may be wondering, how does one get permission to modify a common element? Enter a Section 98 agreement.

A Section 98 agreement is a formal agreement that sets out the terms that would allow an Owner to modify a common element area. It will stipulate what is permitted under the proposed modifications and who is responsible for any extra costs associated with maintaining the common elements.

In general, these agreements place the onus and related costs for these modifications on the Owner, while protecting the Owner’s right to have them. Section 98 Agreements are registered on the property Title, meaning future buyers, who would also be bound by this agreement, should be made aware of them during a related Title search.

Without a Section 98 agreement in place, a unit Owner could incur significant costs, including legal costs to settle a potential dispute, construction delay costs, and additional Management or Engineering fees. From a Condominium Board or Corporation perspective, a lack of properly documented Section 98 Agreements could set poor precedents within the community, lower building standards, and compromise the building’s integrity.

Standard Unit By-Laws

Standard Unit By-Laws are a general description of the types of finishes installed by the original developer. This often includes builder-grade cabinets, painted drywall, inexpensive vinyl flooring or carpets, etc.

Why are Standard Unit By-Laws important to a new Owner? Because the insurance for the Condominium Corporation is usually only required to cover the cost to repair the unit to these standards. Meaning that if you add custom mahogany built-in cabinets and they are damaged by a water leak, even if it is caused by a common element deficiency, the Condominium and its insurance are likely only responsible for repairs to bring the unit back to the Standard Unit Definition.

Conclusion

Condominium living suits the lifestyles of many residents, especially those who prefer a hands-off approach to home maintenance. But that convenience comes with complications.

Understanding common elements, unit boundaries, and modification rules specific to each individual condominium is essential before purchasing what is likely the largest asset of your life.

There is an evident education gap in real estate transactions when it comes to condominium ownership. While Realtors and Real Estate Lawyers are in the best position to close that gap since they interact directly with buyers and should be guiding them through these documents in plain language, owners and prospective buyers must also take responsibility for educating themselves.

Current and future owners can protect themselves by:

• Requesting and reviewing the Declaration, By Laws, and Condominium Rules before purchasing
• Asking specific questions about common elements and exclusive use areas.
• Confirming whether there are any Section 98 Agreements on Title and what they entail.
• Confirming whether any significant modifications have been made that might affect the Common Elements or Standard Unit Definition.
• Consulting Realtors, Lawyers, and Property Managers
• Speaking with current owners or Board members when possible.

Taking these steps may feel overwhelming in the moment, but they can prevent far greater stress, cost, and disappointment later. We know a few Property Managers who would agree.

When owners are informed, the communities operate more smoothly, restoration projects face fewer delays and complications, and fewer people are caught off guard.

Condominium living can be an excellent lifestyle choice. It simply works best when everyone understands the lines that separate personal liberties and Condominium responsibilities. Sharing knowledge about shared living goes a long way.

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Matthew Foster, P.Eng., BSS, is a Managing Engineer at Brown & Beattie Ltd. with over 13 years of experience, he leads the GTA West Construction Team, focusing on building restoration projects for all condominium building types. He is a member of the Golden Horseshoe CCI Education Committee and prides himself with sharing knowledge with everyone in the Condominium space.