A developer wants each residential unit in a new Ontario condominium to have a parking space and a storage locker that remain part of the common elements but that only that unit's owner may use. How should these areas be legally structured?
Correct Answer
A) As exclusive use common elements allocated to specific units
Areas that stay part of the common elements but are reserved for particular owners are exclusive use common elements. Under the Condominium Act, 1998, s. 7(2)(f), the declaration must specify all parts of the common elements to be used by the owners of one or more designated units and not by all owners. Separate parking or storage units are also possible in Ontario, but they are units, not common elements.
Why This Is the Correct Answer
Exclusive use common elements are correct because they are the Condominium Act structure for space that stays part of the common elements but is reserved for designated owners. Section 7(2)(f) requires the declaration to specify every part of the common elements that is to be used by the owners of designated units and not by all owners.
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