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.
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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?
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