Irfan Alli R.C.M.
(Registered Condominium Manager)
CONDOMINIUMS ARE LEGAL ENTITIES
Physically a Condominium can be townhouses, a high-rise, stacked townhouses, residential units only, commercial units on the bottom and residential units above, commercial units only, and even recreational cottages.
However as a Condominium buyer you need to be concerned more about the legal structure, the documents that govern Condominiums, and the Boards that run them than the physical layout of your unit. Additionally you need to understand there are different types of Condominiums and ensure you buy the type that is right for you, with rules you can live with. Condominiums are not like detached or semidetached houses so know what you are getting yourself into.
QUESTIONS AND ANSWERS
What is the Condominium Act?
All Condominiums are governed by Government laws. In Ontario, Canada they are governed by the Condominium Act of 1998. It came into law May 5, 2001. Each province and territory in Canada has its own legislation regarding Condominiums. The same would be for other states or countries. Become familiar with the legal documents that govern Condominiums in the place you intend to buy.
The Condominium Act of Ontario, Canada is very detailed and covers every aspect of Condominium living. What to do if an owner does not pay the monthly maintenance fee? How much money to put aside to repair aging property? What procedure to follow if you want to make changes to the common elements? Etc.
The Condominium Act requires all owners and residents of a Condominium Corporation to adhere to it and establishes clear procedures and guidelines for directors, owners and property managers to follow. This facilitates the smooth running of the Condominium Corporation.
Where can I find the Condominium Act?
If you want to browse or read the Condominium Act of Ontario, simply go to the following web address:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_98c19_e.htm
What is the Declaration?
The declaration is a legal document that is more specific to your particular Condominium Corporation, and on its registration a new Condominium Corporation is “born” and is given a number like TSCC (Toronto Standard Condominium Corporation) XXXX and PSCC (Peel Standard Condominium Corporation) XXXX.
It tells you what you can do inside and outside of your unit, and if you can have pets. It explains what the Corporation repairs and what you are responsible for and lists what you have exclusive use of. This may include a patio, balcony, and parking space. Most importantly it spells out what percentage of the common element fees you are responsible for. This in turn determines your monthly maintenance fees.
It is important that you read the declaration. It will explain the boundaries of the unit (Schedule C), as well as who is responsible for what maintenance. These can be found in various places of the declaration and not necessarily in one place.
What are By-Laws?
Each Condominium starts out with a standard set of by-laws and with time owners can modify or add to them. They spell out:
a.The duties of the board of directors
b.How owner’s meetings are called, for what reasons and how often.
c.Who votes and who cannot, and what is required of a person if they are going to seek position.
d.If there is a fire or water damage, what is the definition/description of a standard unit? A standard unit is the level to which the Condominium Corporation will do repairs to. Anything above that the unit owner and their insurance company are responsible for.
e.And so on.
Where do rules fit into Condominium Living?
Living in a Condominium is not the same as living in a detached house. When you buy a Condominium you give up some of the freedoms and choices you have in a private home. If you can’t live by rules, then Condominium living is not for you.
For example door colors are decided by the Condominium Corporation. Drapes must be white or off white when viewed from the outside. There can be no satellite dishes, and so on. The list of rules and restrictions can be long and may take up several pages. Here are some examples of rules you may have to live by. They vary from one Corporation to another.
“No television antenna, aerial, tower, satellite dish, or similar structure or any associated equipment shall be erected on or fastened to any unit, or upon the common elements, including any patio, balcony or terrace.”
“Nothing shall be thrown out of the windows or doors of the building or from any patio, balcony or terrace. No mops, dusters, rugs or bedding shall be shaken or beaten from the windows and doors of the building or from any patio, balcony or terrace.”
However with these restrictions come some freedoms that I particularly enjoy. I don’t have to cut my grass, and if the roof needs repair the Condominium Corporation takes care of it. When I travel or go on vacation, I don’t have to worry about who will take care of the unit while I am away. I simply close the door and leave. The rules also benefit the complex as a whole, as everyone is required to keep common areas looking the same.
SUMMARY
Condominiums and shared ownership come with rules. They restrict and at the same time protect unit owners as well as tenants. Get a copy of the rules, and read and understand them. If you can’t live by the rules, then Condominium living is not for you.
Rules spell out in practical terms what owners can or cannot do. Rules help owners to respect their neighbors and help maintain a peaceful community. At the same time, they keep the complex at a common maintenance level, so that property prices are maintained and hopefully increase with time.
It is within this framework that a Condominium flourishes or has its problems. With each owner doing their part, life can be good for everyone.
THE DIFFERENT TYPES OF CONDOMINIUMS
As for the different types of Condominiums, there are:
1.Standard Condominium
2.Common Elements Condominium Corporation
3.Phased Condominium
4.Vacant Land Condominium
5.Leasehold Condominium
Please note the terminology may vary from one province/state to the next. In Ontario, Canada, as I mentioned before, Condominiums are governed by the Condominium Act. In the nineties the act went through a major overhaul and came into effect May 5, 2001. It is likely to get revised again.
Before May 5, 2001 Condominiums were considered Standard Condominiums. However, with the new act, four additional types of Condominiums came to the market. So all Condominiums are not the same and you as a buyer must be clear on what you are buying. Here are the different types in simple language.
QUESTIONS AND ANSWERS
What is a Standard Condominium?
All Condominiums in existence before May 5, 2001 are considered Standard Condominiums. Those built afterwards, where the owner takes care of the inside and the Condominium Corporation maintains and repair the outside, generally speaking, are Standard Condominiums.
What is a Common Elements Condominium Corporation?
In this type of Condominium the Condominium Corporation is not responsible for the up