A developer is creating an Ontario condominium with both residential and commercial units and wants the commercial units to pay a larger share of the common expenses and to carry more votes. Under the Condominium Act, 1998, which part of this plan is permitted?
Correct Answer
D) Larger expense shares for the commercial units, but still one vote per unit
The declaration must state the percentages in which each unit contributes to the common expenses (s. 7(2)), and those percentages can differ from unit to unit. Voting cannot be weighted: s. 51(2) says all voting by owners is on the basis of one vote per unit, and s. 7(5) makes any inconsistent declaration provision yield to the Act.
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The declaration of a 100-unit Ontario condominium sets each unit's share of the common expenses in proportion to floor area. Unit 45 has 1,200 square feet and all units together total 120,000 square feet. What percentage of the common expenses is allocated to Unit 45?
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An owner grants land 'to Maria for life, then to her children, but if the land is ever used for commercial purposes, the grantor may re-enter and take it back.' What interest does Maria hold?