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Changes to the Common Elements

Julia Lurye
Publication date:
July 1, 2021
Article Summary: 

The article provides guidelines for both condominium corporations and unit owners planning changes to the common elements. For condominium corporations, changes to the common elements can be made without notice and owner approval in certain circumstances, such as compliance with the law, safety measures, or when the cost is below a certain threshold. However, substantial changes require notice, owner approval, and at least 66 2/3% of the units voting in favor. The article also mentions upcoming amendments to the Act that will require notice and owner approval for changes that reduce the use or enjoyment of units or common elements. Unit owners can make changes to common elements with board approval and by entering into a "Section 98 Agreement" with the condominium corporation, specifying cost allocation, responsibilities, and ownership of the changes. The board should assess the proposed changes to ensure they meet certain criteria. The Act only came into force in 2001, and prior to that, changes to the common elements were usually governed by the condominium corporation's declaration.


Condominium corporation, unit owners, common elements, changes, Act, guidelines, notice, owner approval, safety measures, substantial change, board approval, Section 98 Agreement, cost allocation, responsibilities, ownership, criteria, declaration.

Source Citation: 
Julia Lurye
Changes to the Common Elements
July 1, 2021
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