Shared Facilities Agreements Will Soon Be Mandatory

The Condominium Act may soon include Section 21.1, which would require a shared facilities agreement to be prepared and registered for any property that is shared by a condominium or will be shared. This section will apply to property shared by two or more condominium corporations, a condominium corporation and any other person, a condominium corporation and one or more declarants, a declarant and one or more condominium corporations, two or more declarants, or a declarant and any other person. A shared facilities agreement will soon be mandatory in these cases, so condominiums are encouraged to start the negotiation process in order to be in a position to finalize an agreement when the new regulations arrive. Enforcement matters and joint by-laws and rules between the sharing parties will also be detailed in the pending regulations.