Condo Adviser Episode 42: Modifications to common elements

73 minute read
04 December 2023

An oddly recurring set of questions we get deals with modifications to common elements.  Who can modify them and under what conditions? What about Corporations? Can they modify common elements and, if so, what’s the level of consultation required to do so? Who pays for what? …. etc.

In this episode, we will cover everything you need to know about modifications to common elements:

  • Can owners modify common elements
    • Under what conditions?
    • Who pays for what?
    • What is a “Section 98 Agreement” and when do you need one?
    • Can we adopt a by-law to pre-approve certain modifications to common elements
  • Corporations modifying common elements
    • Can corporations modify common elements?
    • What level of consultation is required?
    • Do owners have a say?
    • When is a vote required (and when is it optional)?
    • Maintenance and repairs vs. changes to common elments
    • How do we pay for these modifications?
  • Modifications of exclusive use common elements?
  • Can EV charging station be installed with a Section 98 Agreement?
  • Buying and selling land


  • Rod Escayola (Gowling WLG)
  • Graeme MacPherson (Gowling WLG)
  • Nailah Ramsoomair (Gowling WLG)
  • Yawar Khan (Apollo CI Condo Management)

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