Ontario Real Estate Glossary
Common Elements (Condo)
The shared portions of an Ontario condominium property — hallways, lobbies, elevators, structural components, mechanical systems, amenities, and grounds — owned collectively by all unit owners as tenants in common, governed under the Condominium Act, 1998.
What are common elements in a condo?
Common elements are the shared portions of an Ontario condominium property that belong collectively to all unit owners as tenants in common. They include the building's structural components (foundation, roof, exterior walls), shared interior spaces (hallways, lobbies, stairwells, elevators), mechanical and plumbing systems, amenities (gym, pool, party rooms), parking garages, and the grounds surrounding the building. Common elements are defined by exclusion — anything that is not a registered condominium unit is part of the common elements.
What's a common element vs what's a unit
The condominium declaration registered on title defines unit boundaries. Anything inside those boundaries belongs to the unit owner. Anything outside is a common element. Common boundary placements:
| Building feature | Typical classification |
|---|---|
| Interior walls within a unit | Unit |
| Demising walls between units | Common element |
| Unit windows | Common element (often) — varies by declaration |
| Unit doors | Unit (interior side) + common element (exterior side) |
| Balconies | Often exclusive-use common element (see below) |
| Parking spaces | Either a unit or exclusive-use, depending on the declaration |
| Storage lockers | Either a unit or exclusive-use, depending on the declaration |
Always read the declaration. Two superficially similar condos can classify these features differently.
Exclusive-use common elements
A subset of common elements is reserved for the exclusive use of one specific unit. Common examples: balconies, terraces, parking spaces, locker spaces, and front yards on townhouse condos. The unit owner has exclusive use, but the corporation typically remains responsible for major repairs and maintenance of the structural and exterior portions.
The line of responsibility (owner vs corporation) for an exclusive-use common element is set by the declaration. A balcony's railing replacement might be the corporation's job; routine cleaning is the owner's. Reading the declaration matters.
Common Elements Condominium Corporations (CECCs)
A specialized condo type — the Common Elements Condominium Corporation — has no units, only common elements. CECCs are typically used in subdivisions where freehold lot owners share private roads, common amenities, or shared infrastructure. Each freehold lot owner is also a member of the CECC and contributes to the maintenance of the shared elements. CECCs are exam-tested as a contrast with standard condos.
Where this appears in your Humber program
Common elements, exclusive-use common elements, and CECCs are core content in Course 3: Additional Residential Real Estate Transactions under the condominium module. Continuing education on condos revisits the topic with current legal cases and Condominium Authority Tribunal rulings on disputes between owners and corporations.
Frequently asked questions
What is considered common elements in a condo?
Common elements in a condo include all shared parts of the property: hallways, lobbies, stairwells, elevators, the building's structural components (foundation, roof, exterior walls), mechanical and plumbing systems, amenities (gym, pool, lounge), parking garages, and the surrounding grounds. The condominium declaration registered on title defines the precise boundary between what is common element and what is part of an individual unit.
What's the difference between common elements and exclusive-use common elements?
Common elements are shared by all unit owners (hallways, lobbies, the gym). Exclusive-use common elements are common elements reserved for the use of one specific unit — typically balconies, terraces, parking spaces, and lockers. The corporation usually retains responsibility for major maintenance and repair of exclusive-use elements; the unit owner has exclusive enjoyment.
Who pays for common element repairs in an Ontario condo?
Common element repairs are paid by the condominium corporation out of monthly common-element fees and the reserve fund. Major capital repairs (roof, garage membrane, elevators) typically come from the reserve fund. Unexpected major work that exceeds reserves can trigger a special assessment levied against unit owners. A status certificate discloses pending special assessments to a prospective buyer.
Can I make changes to a common element?
Generally no. Section 98 of the Condominium Act, 1998 requires the corporation's board approval for any addition, alteration, or improvement to the common elements (including exclusive-use common elements). Unauthorized changes — installing a satellite dish on a balcony railing, painting an exclusive-use front porch, swapping balcony railings — can be ordered removed at the unit owner's cost.
Practice this topic
ExamAce covers common elements, exclusive-use distinctions, and the condominium corporation's responsibility framework in the Course 3 question bank, with section 98 alteration scenarios and CECC-vs-standard-condo contrasts.
See it in practice
Walk through a realistic Ontario scenario where Common Elements (Condo) matters — with the decision point, the correct move, and the pitfall.
Authoritative sources
Related terms
Status Certificate
A package of documents prepared by an Ontario condominium corporation that discloses the condo's financial, legal, and physical condition to a prospective buyer or lender.
Tarion Warranty
Mandatory new-home builder warranty coverage in Ontario, regulated by the Tarion Warranty Corporation under the Ontario New Home Warranties Plan Act.
Easement
A non-possessory right granted to one party to use a portion of another party's land for a specific purpose, registered on title and binding on future owners.