Common Elements in an Ontario Condo: What Owners and Boards Should Understand
(From a Condominium Management Expert)
Practical Guidance for Smarter Governance in London & Sarnia, Ontario
If you own a condo, or you have just joined your board, you have probably seen the phrase common elements on your declaration, your budget, and your insurance certificate without anyone ever explaining what it actually covers. The line between what you own and what the corporation owns is easy to misjudge, and it is usually misjudged at the worst possible moment, right after something breaks.
Understanding common elements is the foundation for almost every decision a condo corporation makes, from who fixes a leaking balcony to how your fees and reserve fund are spent. This guide breaks down what common elements are, how they differ from your unit, and why getting this right protects both your money and your board.
What Are Common Elements in an Ontario Condo?
Common elements are everything in a condominium property except the individual units. The Condominium Act, 1998 defines common elements simply as all the property except the units, which means the corporation and its owners share everything that is not inside someone's private boundary.
In a typical building, the common elements include the parts you use every day and the parts you never see:
• Entrances, lobbies, hallways, stairwells, and elevators
• The roof, exterior walls, foundation, and the rest of the building envelope
• Parking garages, visitor parking, and outdoor grounds and landscaping
• Shared mechanical and electrical systems, such as heating, plumbing risers, and fire safety equipment
• Amenity spaces like party rooms, gyms, and corridors
Every owner holds an undivided share of the common elements as a tenant in common, and that share is attached to their unit. You do not own the lobby on your own, but you own a piece of it collectively through the corporation, and you help pay to maintain it through your condo fees.
What is the Difference Between a Condo Unit and the Common Elements?
Your unit is the portion of the property you own and occupy exclusively; the common elements are everything else, shared by all owners. The exact boundary between the two is set out in your corporation's declaration and description, the registered legal documents that define the building.
Where that boundary sits is not always obvious. In many Ontario condos the unit boundary is the interior surface of the perimeter walls, floors, and ceilings, so the drywall surface and everything inside it is yours, while the structure behind it is a common element. Other declarations draw the line differently. Because the documents control, two buildings on the same street can split ownership in completely different ways. This matters because the boundary determines what you maintain, what you insure, and what your fees pay for.
For a fuller picture of how the corporation is structured and how ownership is shared, read our guide: What Is a Condo Corporation in Ontario?
What Are Exclusive-Use Common Elements?
Exclusive-use common elements are common elements that one or more owners have the exclusive right to use, even though the corporation still owns them. This is the category that confuses owners the most. Your balcony, terrace, patio, parking space, locker, or yard often belongs to the common elements, but the declaration grants you, and only you, the right to use it.
Because these areas are still common elements, responsibility for them is usually split. The arrangement varies by corporation, but a common pattern looks like this:
• The owner handles day-to-day cleaning and keeping the area clear, such as sweeping a balcony or shoveling a private patio
• The corporation handles structural repair and major maintenance, such as the balcony slab, the waterproof membrane, and the railings
Always check your declaration before assuming who is responsible for an exclusive-use area, because the answer is rarely what people guess.
Who is Responsible for Maintaining and Repairing Common Elements?
The condo corporation is generally responsible for maintaining and repairing the common elements, while each owner maintains their own unit. This is not legal advice, but generally speaking under Ontario law, section 90 of the Condominium Act, 1998 requires the corporation to maintain the common elements and each owner to maintain their unit, and section 89 requires the corporation to repair both units and common elements after damage.
There are two important wrinkles. First, the Act allows a corporation to shift some of these duties through its declaration, which is why responsibility maps differ from building to building. Second, the legal standard the corporation must meet is reasonableness, not perfection, so the question in a dispute is usually whether the board acted reasonably, not whether the repair was flawless.
Boundary confusion is one of the most common sources of owner disputes, especially with water and shared systems. For specifics on who fixes what, read our guide: Who Is Responsible for Condo Repairs in Ontario?
Why This Matters for Your Board and Your Management Company
Once you understand common elements, you can tell quickly whether your building is being managed to a high standard. A well-run corporation should have a clear, documented map of which components are units, which are common elements, and which are exclusive-use, paired with a maintenance-responsibility schedule that any owner can understand.
If your current management company cannot tell you, on the spot, who is responsible for the balcony membrane, the in-suite shutoff valve, or the parking deck, that is a gap worth addressing. These details drive your insurance, your reserve fund study, and the repair decisions your board makes every year. At Sapphire, we find that boards who keep a documented responsibility schedule spend far less time arguing about who pays and far more time planning ahead. Strong condo corp management turns the common elements from a source of confusion into a predictable, budgeted part of running the building, and that is the standard we hold ourselves to in condominium management across London and Sarnia, Ontario.
Common elements also sit at the centre of your corporation's insurance, because the dividing line between unit and common element shapes what the master policy is expected to cover. For how that works, read our guide: Condo Corporation Insurance in Ontario.
If you would like a second set of eyes on how your common element costs flow through your budget and reserve fund, Sapphire offers a free financial review for condo boards, with no obligation.
Frequently Asked Questions
Q: What counts as common elements in an Ontario condo?
A: Common elements are everything in the condominium except the individual units, as defined by the Condominium Act, 1998. That includes lobbies, hallways, elevators, the roof, exterior walls, parking areas, grounds, and shared building systems. Owners share these spaces collectively and fund their upkeep through condo fees.
Q: Who pays to repair the common elements in an Ontario condo?
A: The condo corporation generally pays to repair and maintain the common elements, funded by all owners through their condo fees and reserve fund. This is not legal advice, but under the Condominium Act, 1998, the corporation must maintain common elements and repair them after damage, unless the declaration assigns a specific duty to owners.
Q: Are balconies and parking spaces common elements in Ontario?
A: Usually yes. In most Ontario condos, balconies, parking spaces, and lockers are exclusive-use common elements, meaning the corporation owns them but one owner has the sole right to use them. Responsibility is typically split, with the owner handling routine upkeep and the corporation handling structural repair. Always confirm with your declaration.
Related Reading
→ What Is a Condo Corporation in Ontario?
→ Who Is Responsible for Condo Repairs in Ontario?
→ Condo Corporation Insurance in Ontario: What Every Board Must Understand