Architectural Review · Ontario
Condominium Act, 1998, s. 98
Changes made by owners
Official text ↗
Checked against the official source on 2 November 2026
At a glance
- What needs approval
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Board resolution approval and a written agreement with the corporation are required.
“(a) the board, by resolution, has approved the proposed addition, alteration or improvement; (b) the owner and the corporation have entered into an agreement that”
- Limits on the association
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No notice or approval is required for changes to exclusive use common elements if conditions are met.
“Clauses (1) (c) and (d) do not apply if the proposed addition, alteration or improvement relates to a part of the common elements of which the owner has exclusive use”
- Agreement effectiveness
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The agreement takes effect only after it is registered against the owner's unit title.
“and (b) the corporation has registered it against the title to the owner’s unit”
- Lien for default
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The corporation can add default costs to the common expenses.
“The corporation may add the costs, charges, interest and expenses resulting from an owner’s failure to comply with an agreement to the common expenses payable for the owner’s unit”
- Binding effect
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The agreement binds the owner's unit and is enforceable against successors.
“An agreement binds the owner’s unit and is enforceable against the owner’s successors and assigns.”
Each fact is shown with the exact words of the statute it comes from. Your association's governing documents may also apply.
Official text
Copy retrieved from www.ontario.ca. Always rely on the official source for the current version.
Show the full text of Condominium Act, 1998, s. 98
Changes made by owners
98 (1) An owner may make an addition, alteration or improvement to the common elements that is not contrary to this Act or the declaration if,
(a) the board, by resolution, has approved the proposed addition, alteration or improvement;
(b) the owner and the corporation have entered into an agreement that,
(i) allocates the cost of the proposed addition, alteration or improvement between the corporation and the owner,
(ii) sets out the respective duties and responsibilities, including the responsibilities for the cost of repair after damage, maintenance and insurance, of the corporation and the owner with respect to the proposed addition, alteration or improvement, and
(iii) sets out the other matters that the regulations made under this Act require;
(c) subject to subsection (2), the requirements of section 97 have been met in cases where that section would apply if the proposed addition, alteration or improvement were done by the corporation; and
(d) the corporation has included a copy of the agreement described in clause (b) in the notice that the corporation is required to send to the owners. 1998, c. 19, s. 98 (1).
No notice or approval
(2) Clauses (1) (c) and (d) do not apply if the proposed addition, alteration or improvement relates to a part of the common elements of which the owner has exclusive use and if the board is satisfied on the evidence that it may require that the proposed addition, alteration or improvement,
(a) will not have an adverse effect on units owned by other owners;
(b) will not give rise to any expense to the corporation;
(c) will not detract from the appearance of buildings on the property;
(d) will not affect the structural integrity of buildings on the property according to a certificate of an engineer, if the proposed addition, alteration or improvement involves a change to the structure of the buildings; and
(e) will not contravene the declaration or any prescribed requirements. 1998, c. 19, s. 98 (2).
When agreement effective
(3) An agreement described in clause (1) (b) does not take effect until,
(a) the conditions set out in clause (1) (a) and subsection (2) have been met or the conditions set out in clauses (1) (a), (c) and (d) have been met; and
(b) the corporation has registered it against the title to the owner’s unit. 1998, c. 19, s. 98 (3).
Lien for default under agreement
(4) The corporation may add the costs, charges, interest and expenses resulting from an owner’s failure to comply with an agreement to the common expenses payable for the owner’s unit and may specify a time for payment by the owner. 1998, c. 19, s. 98 (4).
Agreement binds unit
(5) An agreement binds the owner’s unit and is enforceable against the owner’s successors and assigns. 1998, c. 19, s. 98 (5).
The same topic in other jurisdictions
Arizona · A.R.S. 33-1817 British Columbia · Strata Property Act, s. 90.1 Florida · Fla. Stat. 720.3035 Illinois · 765 Ill. Comp. Stat. 160/1-15 Pennsylvania · 68 Pa.C.S. 5213 Texas · Tex. Prop. Code 209.00505 Texas · Tex. Prop. Code 202.023 Washington · Wash. Rev. Code 64.90.580 Compare architectural review laws side by side →This page is general legal information, not legal advice, and Harrington Community is not a law firm. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.