Before you buy a condominium unit, it is important to know:
- what property you will have complete ownership and control over,
- what is common property, and
- what areas are exclusive possession.
Exclusive possession areas are common property or a condo corporation’s real property that only you can occupy. In a condominium building, exclusive possession areas are often parking stalls, storage units, and balconies. The condominium plan will outline what parts of the development are exclusive possession areas.
The condo corporation may give you the right to exclusive possession through a bylaw, lease, licence or other instrument. A condo corporation may require you to maintain and repair the area according to the terms of the bylaw, lease, licence or other instrument. It is important to know what your responsibilities will be with regard to maintaining and repairing exclusive possession areas.
If you fail to maintain or repair an exclusive possession area under a bylaw, lease, licence or other instrument, the condo corporation can carry out the necessary maintenance or repairs. The condo corporation may take legal action to recover from you any reasonable costs for the maintenance or repairs.
Last updated: February 2018