Common elements

Generally, common elements in your condominium are everything that is not your or another owner’s unit. Some common elements are “exclusive use”, such as your balcony. Most declarations outline exclusive use of common elements in schedule F and the boundaries of a unit and common elements in schedule C. The CAO’s Condo Owners’ Guide has more details on common elements.

Owners should reach out to their board to discuss proposed additions, alterations, or improvements to common elements. Generally, changes to common elements require approval from the board of directors, with some exceptions. Once approved, the owner and condo corporation enter into an agreement that allocates costs and sets duties and responsibilities. The board may need to send a notice of the common element changes to all owners and include a copy of the agreement. Section 98 of the Condo Act provides more detailed information.

Your condo corporation can install EV chargers without a vote from owners if the estimated cost of installation is less than 10 per cent of the annual budgeted common expenses or they believe that owners will not regard the EVCS installation as negatively impacting the use and enjoyment of units, common elements, or assets of the corporation. Unit owners can also jumpstart the installation process by submitting a written application to their corporation. Either way, installation must be completed by a licensed electrical contractor with an ESA permit. CAO’s Best Practices Guide: Installing Electric Vehicle Chargers provides more on EV charger approval processes, templates and requirements.