Condo Renovations and Section 98 Agreements

December 2020

Certain condo renovations constitute a change in common elements and require permission of the condo board before proceeding.  Painting, flooring and cabinets are generally allowable without obtaining permission.  Walls, vents and pipes may be common elements of the corporation.  Moving or modifying them may impact on other residents.  Such changes may be necessary when, for example, two smaller units are combined to make a single larger living space.

Changes to common elements are governed by Section 98 of the Condo Act.  Permission must be provided by the condo board before proceeding with renovations that are a change to the common elements.  A Section 98 agreement specifies duties and responsibilities of a unit owner and the corporation relating to common element changes by an owner.  They are to be registered on title to the unit.  Obligations relating to the changes are binding on the condominium corporation, the condo owner and future owners of the unit.

Condo corporations are advised to require a Section 98 agreement executed and registered on title before permitting any owner to make additions, alterations or improvements to common elements.