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Privately Owned Publicly- Accessible Spaces

Brian Horlick, Julia Lurye
Publication date:
April 12, 2019
Article Summary: 

The article discusses privately owned publicly-accessible spaces (POPS) in the context of condominiums in Toronto. POPS are spaces that are privately owned but open to the public for use, required by zoning by-laws or planning agreements. These spaces are typically negotiated as part of a development application, and the developer provides community benefits in exchange for zoning concessions and development approval.

In condominiums, POPS form part of the condominium corporation's property, and access for the public is secured through easements or other agreements registered on title. The article highlights the implications of having POPS in condominiums, including responsibilities for maintenance, repair, and occupiers' liability. Condominium corporations may need to maintain and repair the POPS, which could result in increased costs for the corporation. They also owe a duty to ensure the safety of persons entering the POPS, as they are deemed the "occupier" of the common elements.

Furthermore, the City of Toronto requires signage to identify POPS as privately-owned and publicly-accessible. Condominium corporations may bear the cost of installing such signs. Despite the additional responsibilities and costs, POPS are considered beneficial in providing open spaces in densely populated urban areas.


Condominiums, Privately Owned Publicly-Accessible Spaces, POPS, Toronto, Development Application, Zoning, Maintenance, Repair, Liability, Signage, Community Benefits.

Source Citation: 
Brian Horlick, Julia Lurye
Privately Owned Publicly- Accessible Spaces
April 12, 2019
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