COMMON PROPERTY:

        The Common Property of a Condominium Corporation (CC) is all that portion of the land and premises subject to the Condominium Plan (CP) that is NOT comprised of the Units.  This would include the grounds surrounding the buildings, hallways, elevators, pools, saunas and common rooms.

        The Common Property is owned solely by the Unit Owners, as tenant-in-common, in proportion to their respective Unit Factors.  However, even thought the CC does not own the Common Property, it is saddled with the responsibility of control, management and administration of the Common Property.

        An issue that frequently arises respecting Common Property is how certain portions of Common Property may be designated to certain Owners for their exclusive use and enjoyment.  These areas are generally for the purposes of parking, privacy (such as balconies and patios) and storage. 

        This issue can be resolved in several ways:

• by creating Units for these areas, when possible, and conveying title to these new Units to the respective owners who are acquiring them,
•  by trying to designate these areas under the provisions of the Condominium Property Act so that they can be leased,
• by using by-laws that allow the leasing of exclusive use areas to specific Unit Owners,
• by a Special Resolution of the CC enabling the lease or sale of portions of the Common Property, or
• by outlining special use on a location-by-location basis in the By-Laws.

        When involved in the conveyance of a Unit, we ensure that, on closing, any parking stall or storage area, which has it's own title, is also dealt with.