Condominium ownership is now one of the most popular forms of home ownership in Canada. It combines the security of private property ownership with the convenience and cost effectiveness of shared ownership and responsibility for certain aspects of common living. By acquiring an interest in a condominium you not only purchase a piece of real estate but you also acquire an interest in an organization, which like a business is responsible for running the shared facilities in the complex. While most condominium complexes own all the real estate in the complex sometimes condominiums lease or share facilities with other Condominium Corporations or complexes. This can lead to very complicated and confusing agreements relating to shared facilities.

Because of the complicated process of registering Condominium Corporations with the government, units can be built and ready for occupancy long before they can be transferred to the owner. Builders have therefore had to create agreements with purchasers, which provide for "interim closings". The purchaser moves in and pays an "occupancy fee" much like rent until the Condominium has been registered and the unit is transferred to the purchaser on the final closing date and the balance of the purchase price is paid.

A condominium unit owner has exclusive ownership of his own unit, a share in the common ownership of common areas, as well as the exclusive use of certain parts of the common areas also known as "Common Elements". These include such things as common hallways, recreational facilities, lobby areas, elevators, etc. The unit owner is entitled to sell, lease or mortgage his unit just like a private home, subject to the provision of the condominium documents.

Unlike a private home owner, but similar to an apartment tenant, a condominium unit owner may not be permitted to do any type of personal maintenance or repair work to the outside of the unit or to any of the common areas. All of the landscaping, painting, snow removal etc., are normally within the control of the elected directors of the Condominium Corporation.


The declaration is a registered document, which outlines the creation of the Condominium Corporation specifically, sets out the following provisions:

Number of units in the corporation
Defines the boundaries of each unit
Defines the common areas of which the unit owner has exclusive use
Defines areas for general use of the owners
Deals with issues of parking and locker spaces
Defines each unit owners relative interest in the common areas
Defines what common areas are
Provides for any restrictions dealing with the unit which may include restrictions on the use of the unit, for example pet ownership
Details what is included in the common expenses


The by-laws of the Condominium Corporation set out rules and regulations by which each unit owner is bound. The Condominium Corporation Board of Directors can enforce these by-laws.


The Condominium Corporation will insure the common elements under a blanket policy. The purchaser will be responsible for insuring the contents of the unit against fire, other risks, his interest in the unit for all improvements made and for personal liability with respect to the unit. When purchasing a condominium we suggest that you contact your insurance agent to place condominium unit owner's insurance.


The Status Certificate is a document prepared by the Condominium Corporation which advises the purchaser whether the present owner of the condominium unit is in arrears for common expense payments and whether or not there exists any claims for liens, which have been commenced with respect to common expense arrears. It also sets out the exact amount of common expenses for the specific unit being purchased and when they are due. Included with the Status Certificate is usually a set of Financial Statements related to the financial operations of the Condominium Corporation. These documents should be thoroughly reviewed by you prior to closing.