Townhouse Condo Management in London Ontario: Is Your Manager Covering the Basics?

What kind of condo corporation is a townhouse community in Ontario?

Most townhouse communities are standard condominium corporations, where each townhouse is a unit and the shared land, roads and often the exterior are common elements. Some newer freehold townhouses instead belong to a common elements condominium, where owners hold their homes outright and share only roads, parking or landscaping.

This is not legal advice, but generally speaking under Ontario law, section 6 (2) of the Condominium Act, 1998 lists the freehold types, including standard and common elements corporations. Section 6 (4) requires the declaration to state which type your corporation is. Sections 138 and 139 cover common elements corporations, where each owner's share is tied to a parcel of land they own.

The first question your manager should answer without hesitation is which type you are. The answer changes who maintains what, who insures what, and what belongs in the reserve fund.

Does your manager know who maintains roofs, windows, decks and driveways?

A good townhouse manager knows your declaration's maintenance schedule well enough to answer most owner questions on the first call. In townhouse corporations, that split is where most confusion starts.

This is not legal advice, but generally speaking under Ontario law, section 90 (1) of the Condominium Act, 1998 says the corporation maintains the common elements and each owner maintains their unit, and section 89 (1) gives the corporation the duty to repair after damage. Section 91 lets the declaration change that split, including making each owner maintain and repair the parts of the common elements they have exclusive use of.

Section 7 (2) (f) requires the declaration to list those exclusive-use areas. In townhouse communities they often include:

• Driveways and front walkways

• Rear yards, patios and decks

• Balconies, porches and front steps

• Fences between units

• Windows and doors, depending on the declaration

Our guide on Who Is Responsible for Windows, Doors, and Balconies in Your Ontario Condo walks through the general rules. Your manager should be able to map each item to your own documents and answer owners in writing, not from memory.

How should a townhouse manager plan seasonal exterior work?

A townhouse manager should run exterior work on a written seasonal calendar, because roofs, gutters, grading and snow are usually corporation work in a standard townhouse corporation, and they do not wait for complaints.

A practical calendar for a London or Sarnia townhouse corporation covers:

• Spring: roof and eavestrough inspection, downspout and grading checks near foundations, asphalt and concrete review

• Summer: tree and landscaping work, siding and caulking repairs, contractor quotes for larger projects

• Fall: gutter cleaning after leaf drop, a final drainage check, and the snow contract signed and briefed before the first storm

• Winter: snow and ice service tracked against the contract, and quick follow-up on ice damming or blocked downspouts

This is not legal advice, but generally speaking under Ontario law, section 92 (2) of the Condominium Act, 1998 lets the corporation do common element maintenance that the declaration assigns to an owner, if the owner has not done it within a reasonable time. Section 92 (4) adds that cost to the owner's common expenses. Your manager should know when that step is available and document every notice before using it.

For the broader maintenance picture, see: Condo Building Maintenance in Ontario: What Every Board Member Should Know.

How should owner requests for decks, fences and sheds be handled?

They should go through a written process that follows section 98 of the Condominium Act, 1998. Requests to change yards and exclusive-use areas are a routine part of townhouse management.

This is not legal advice, but generally speaking under Ontario law, section 98 (1) requires a board resolution and a written agreement that sets out costs, repair, maintenance and insurance before an owner alters the common elements. Section 98 (3) says that agreement takes effect only once it is registered against title to the owner's unit.

Your manager should keep a simple request form, a standard agreement your lawyer has reviewed, and a register of approved alterations, so future boards know who owns the upkeep of each deck and fence. Our guide on Condo Owner Alterations in Ontario: What Boards Should Know About Section 98 explains the steps in more detail.

Is your townhouse reserve fund planned around roofs, siding and asphalt?

It should be. In a townhouse corporation the big future costs are usually roofs, windows, siding, paving and site drainage, and the reserve fund study should show when each one comes due.

This is not legal advice, but generally speaking under Ontario law, section 93 (2) of the Condominium Act, 1998 says the reserve fund is used only for major repair and replacement of the common elements and assets. Section 94 (1) requires periodic reserve fund studies. Under O. Reg. 48/01, section 31 (3) and (4), a new study is due within every three years, alternating between updates with and without a site inspection. Section 94 (8) of the Act gives the board 120 days after receiving a study to propose a funding plan.

Your manager should bring the study to the board on time, track projects against the plan in monthly reporting, and flag early when a roof or paving cycle is coming. If you would like a second opinion on your financial statements and reserve position, you can request a free financial review on us.

How can a London or Sarnia board tell if the basics are slipping?

You can tell the basics are slipping when the same exterior issues return every season, owners get different answers from the office, and directors end up doing the follow-up themselves.

Check your current service against this list:

• The manager can answer "corporation or owner?" from your declaration in writing

• Seasonal work happens on a calendar the board has seen, not after the first complaint

• Alteration requests follow section 98 and end in a registered agreement

• Monthly reporting separates operating costs from reserve projects clearly

• Calls and emails get answered, and open items are closed with a date

Sapphire Condominium Management manages townhouse condominiums in London Ontario and Sarnia Ontario. The difference boards notice is a manager who answers, and the same standard year in and year out. Our team brings 25+ years of combined condo management experience to every corporation we serve.

If your current company cannot show your board that standard, it is fair to start asking harder questions.

Frequently Asked Questions

Q: Who fixes the roof in a townhouse condo in London Ontario?

A: In most standard townhouse corporations, the corporation, because the roof is usually a common element. This is not legal advice, but generally speaking under Ontario law, section 90 (1) of the Condominium Act, 1998 puts common element maintenance on the corporation unless the declaration changes it under section 91.

Q: Can a townhouse owner build a deck on their exclusive-use yard?

A: Only with board approval and a registered agreement. This is not legal advice, but generally speaking under Ontario law, section 98 of the Condominium Act, 1998 sets out the approval and agreement steps for owner alterations to the common elements.

Q: Is a freehold townhouse with a monthly fee a condo?

A: It can be. This is not legal advice, but generally speaking under Ontario law, sections 138 and 139 of the Condominium Act, 1998 allow a common elements condominium, where owners hold their own parcels and share roads or other common elements.

Related Reading

→ Who Is Responsible for Windows, Doors, and Balconies in Your Ontario Condo?

→ Condo Owner Alterations in Ontario: What Boards Should Know About Section 98

→ Is Your Condo's Reserve Fund Underfunded? What Ontario Boards Should Watch For