What you actually own
Every Ontario condo declaration must define the boundaries of each unit, and there is no statutory default. The boundaries are usually in Schedule C of the declaration; exclusive-use common elements are usually in Schedule F.
Common elements are, in the regulator’s words, everything that is not your unit or another owner’s unit. An exclusive-use common element is owned by the corporation but reserved for one unit’s use — a balcony is the standard example, and parking and lockers often sit in the same category.
Typical placements, which are typical and not universal:
| Element | Commonly |
|---|---|
| Boundary formulation | Often from the upper surface of the floor slab to the lower surface of the ceiling slab — the slab is the corporation’s, the finishes may be yours |
| Load-bearing and demising walls | Frequently corporation property even inside your unit space |
| Windows and sliding doors | In many buildings these are common elements maintained by the corporation |
| Pipes, conduit and ductwork in walls | May be common elements despite serving only your unit |
| Balconies | Structure and railing usually the corporation’s, with exclusive use to you |
The practical consequence: “it’s inside my walls” is not an answer. A drain stack running behind your kitchen is frequently a common element, and moving it is an alteration of the common elements whether or not you can see it from the hallway.
Section 98: the three conditions
Before an owner makes an addition, alteration or improvement to the common elements:
- The board must approve it, by resolution, before the work is done.
- The owner and the corporation must enter a written agreement.
- Notice to all owners is required only where section 97 would have applied had the corporation made the same change itself.
The agreement — often called an alteration or indemnity agreement — must allocate the cost of the change, set out who maintains it, who repairs it after damage and who insures it, and specify who owns the resulting alteration.
Then it goes on title. That registration is what binds whoever buys your unit next, and it is why the obligation follows the alteration rather than the person.
You pay for it. Preparation and registration of the agreement is typically the owner’s cost, along with any other reasonable costs the board requires. One Toronto trade source puts legal registration in the GTA at $500 to $1,500; treat that as indicative rather than a rate.
When owners get a vote
There is no owner vote for a routine alteration. The vote requirement is borrowed from section 97 and only applies where section 97 would have caught the same change made by the corporation:
| Estimated cost | What happens |
|---|---|
| No more than the greater of $1,000 or 1% of annual budgeted common expenses, in any given month | Exempt from notice |
| Above that but under the 10% threshold | Notice to owners, with a 30-day right to requisition a meeting |
| More than 10% of annual budgeted common expenses for the fiscal year | A “substantial change” requiring at least 66⅔% in favour |
Our sources differ on whether that two-thirds is of owners or of units, and we could not resolve it against the statute, so confirm it with the corporation’s lawyer if you are anywhere near the threshold.
Alterations to exclusive-use common elements, such as a balcony, are permitted without owner approval but at the board’s discretion.
What a registered agreement actually says
From a real registered section 98 agreement at a Toronto building: the owner owns the alteration and bears full responsibility for maintaining, repairing, replacing and insuring it; the owner must insure it and supply annual certificates; the owner releases and indemnifies the corporation; and — the clause to read twice — the corporation may remove the alteration on 48 hours’ notice, immediately in an emergency, at the owner’s cost, if it needs access or if the owner breaches. Unpaid amounts become common expenses chargeable against the unit.
What typically needs approval
Whether each of these touches the common elements is a declaration question. This is what Ontario condo lawyers describe as typical.
| Work | Usually a common element issue? |
|---|---|
| Hard flooring over carpet | In effect yes — the slab is usually a common element, and most declarations govern floor coverings directly |
| Removing or altering walls | Yes where load-bearing or demising. Board approval plus a building permit |
| Plumbing relocation | Commonly yes — supply and drain lines in walls are frequently common elements |
| Electrical changes | Often yes; conduit in walls is frequently a common element. Plus an ESA notification |
| Window and door replacement | Usually yes. The corporation typically controls specification and appearance |
| Balcony alterations | Yes, as an exclusive-use common element. Board discretion, no owner vote |
| EV charger | Yes, and it has its own statutory process — see below |
| HVAC or heat pump replacement | Depends heavily on the declaration and the standard unit by-law. We could not establish a typical answer |
Board approval is required before work starts, in writing, for wall removal, hard flooring, plumbing changes, electrical modifications, HVAC work and structural alterations — and that holds regardless of where inside your unit boundaries the work sits, wherever it touches shared systems.
Flooring: the conflict that generates the most cases
Most declarations and rules set an acoustic standard for replacement hard flooring. A real example, from a York Region corporation’s rules:
- Replacement hard surface flooring must achieve a field impact and field sound transmission rating of 65 dB or greater
- Sound-absorbing material must cover at least 60 per cent of the surface area
In that case, the floor as installed tested at 57. Market expectations in Toronto typically run to IIC and STC 55 as a minimum, rising to 60 or higher in older buildings with less mass in the slab, and boards commonly require a third-party test certificate for the specific floor and underlay combination.
Watch one technical distinction. Laboratory ratings (IIC, STC) and field-measured ratings (FIIC, FSTC) are different measurements, and a rule written in field ratings is a harder test than the same number in lab ratings. Check which your rule specifies before you buy underlay.
What happens when the neighbour below complains
Two documented Ontario outcomes, and neither went the way most people assume.
In a 2022 Tribunal case, the complainant sought remedial measures and $25,000 in damages. The application was dismissed entirely — the Tribunal found the noise was not objectively unreasonable on the measured levels and that the corporation had investigated reasonably. No costs were awarded to anyone. Notably, the flooring had tested below the rule’s threshold and the application still failed, because the question was whether the noise was objectively unreasonable rather than whether the rule was breached.
In a 2024 Court of Appeal case, a board had commissioned multiple acoustical engineering studies; the complainant commissioned his own, reaching a different conclusion. The courts dismissed the owner’s claim and refused to order the upstairs neighbour to install a padded floor, finding the board had acted reasonably.
Do not generalise from two cases. What they do show is that a complaint is not a verdict, that measured sound levels matter more than the rule on paper, and that a board which investigates properly is on solid ground. Acoustic testing runs somewhere around $500 to $1,500.
The Tribunal: what it can and cannot hear
This is the most useful correction in the guide, because getting it wrong sends you to the wrong forum.
| The Tribunal CAN hear | The Tribunal CANNOT hear |
|---|---|
| Records disputes | Changes to common elements, EV chargers named as an example |
| Pets, vehicles, parking and storage | Governance and board decision-making |
| Nuisances — noise, vibration, smoke and vapour, light, odour | Financial and budget disputes |
| Compliance with its own settlement agreements | Repair and maintenance issues |
| Chargebacks and liens connected to the above | Meeting matters, and issues likely to cause property damage or injury |
So: the noise after your floor change is Tribunal territory. Whether the board had to approve the floor, what the section 98 agreement says, and anything to do with an EV charger are not — those go to mediation and arbitration under the Act, or to court.
One useful feature: the Tribunal can hear a noise complaint even without a governing document provision on point.
Cost is modest and staged: $25 to open at negotiation, $50 at mediation, $125 at adjudication — $200 in total, paid as a case advances. The regulator’s own timeline estimate is about six months end to end, and it cautions those are averages.
Permits, and where we could not get an answer
We tried to establish the City of Toronto’s position on building permits for condo unit renovations and could not. Toronto’s small-residential interior alterations guide is scoped to detached, semi-detached and townhouses, and the guide that appears to cover apartment-style buildings sits under a different stream without saying so explicitly. We also could not confirm whether the unit owner or the corporation is the “owner” for permit purposes, or whether the corporation’s consent gates a permit application.
Rather than guess: call 311 or Toronto Building. Board approval and a building permit are separate processes and you may need one, the other, or both.
The electrical side is clear. Almost all electrical work must be reported to the Electrical Safety Authority by filing a notification before the work begins, and ESA states plainly: having a building permit is not the same as filing an electrical notification — you may need both.
What the corporation will require before you start
A large Ontario property manager describes the standard process: the owner submits a proposal covering the work, materials, contractors and start and end dates; contractors provide proof of liability and workers’ compensation insurance with the corporation named as additional insured; and written approval is mandatory before work starts. Common restrictions are limited working hours, elevator booking for materials, and a refundable deposit protecting the common areas.
That manager deliberately publishes no dollar figures, because they vary by corporation — which is itself worth knowing. The figures below come from Toronto contractor and designer sources and are indicative of the market, not requirements:
| Item | Indicative CAD |
|---|---|
| Security or damage deposit | $1,000–$10,000, refundable after inspection |
| Deposit by project — kitchen gut | $2,500–$10,000 |
| Deposit by project — bathroom gut | $2,000–$5,000 |
| Deposit by project — flooring | $500–$3,000 |
| Elevator booking | $50–$200 per four-hour block, plus deposit |
| Contractor liability coverage expected | $2 million to $5 million |
| Acoustic testing for flooring | $500–$1,500 |
| Board approval timeline | 2–6 weeks for a complete application |
Work hours are typically weekdays in business hours, with weekends and holidays excluded in most buildings. Plan the schedule around that before you agree a completion date with a contractor.
If you renovate without approval
The corporation is obliged to enforce its governing documents, so “they probably won’t notice” is a bet against a legal duty.
Where a registered agreement exists, the corporation’s remedies are contractual and sharp — removal of the alteration on 48 hours’ notice at your cost, with its legal and engineering costs charged against the unit. Where no agreement exists, the route is a compliance order under the Act.
There is a counterweight worth knowing, and it cuts the other way. Ontario courts have held that a corporation cannot add its enforcement legal costs to common expenses and lien for them without a court order, regardless of what the declaration says. Declarations purporting to do so have been found unenforceable. So the corporation holds the most power before work starts — withholding approval, refusing elevator access, holding the deposit — and messier afterwards, when recovery generally means actually going to court.
That is not an argument for proceeding without approval. It is an argument for understanding that an unapproved renovation turns into a long, expensive, mutually unpleasant process rather than a quick fine.
EV chargers: a separate statutory process
This one has its own regime under the regulations, and it is unusually favourable to owners.
- You submit a written application with identification, the address, your signature and drawings or specifications. The regulator publishes a template.
- The board has 60 days to respond, unless you both agree otherwise in writing.
- The board may reject it only if it obtains a report from a qualified professional showing the installation would breach legislation or the Electrical Safety Code, adversely affect structural integrity, or pose a serious risk to health and safety or damage the property. It must give you a copy of that report. It may alternatively require a different manner or location.
- If the board does not respond within 60 days, it is taken to have neither rejected the application nor required a different approach. That is not a deemed approval — it opens the door to mediation.
- Once accepted, an agreement must be reached within 90 days covering installation, cost, maintenance, ownership and termination, and registered against the unit’s title.
- Disputes go to private mediation and arbitration, not the Tribunal, and must be started within six months.
Red flags
| What you see | Why it matters | What to do |
|---|---|---|
| A contractor says “it’s inside your unit, no approval needed” | Pipes, conduit and even walls inside your space are frequently common elements | Read Schedule C of the declaration before you accept that |
| Board approval given verbally or by email from a manager | Approval is by board resolution, and section 98 needs a written agreement registered on title | Ask for the resolution and the agreement |
| No section 98 agreement for a common element change | Compliance is not complete until the agreement is registered | Do not start work. The obligation follows the alteration to the next owner |
| Flooring underlay chosen before the rule is read | Rules may specify field ratings, which are a harder test than lab ratings | Get the rule, then match the floor and underlay to it with a test certificate |
| A contractor without the corporation named as additional insured | It is a standard requirement and it is what protects you if they flood three floors | Get the certificate before they are allowed up |
| Being told the Tribunal will sort out an alteration dispute | The Tribunal expressly excludes changes to common elements | Alterations go to mediation and arbitration or to court |
| A board refusing an EV charger without a report | Refusal requires a qualified professional’s report, and you are entitled to a copy | Ask for it in writing |
Frequently asked questions
The corporation is obliged to enforce its governing documents. Where a registered agreement exists, it may typically remove the alteration on 48 hours’ notice at your cost and charge its legal and engineering costs against the unit. Without an agreement, the route is a compliance order. Note that Ontario courts have held a corporation cannot add enforcement legal costs to common expenses and lien for them without a court order, which makes recovery slower — but it does not make the renovation lawful.
Only on narrow grounds, and only with evidence. The board must respond within 60 days of a complete application, and may reject it only if it obtains a report from a qualified professional showing the installation would breach legislation or the Electrical Safety Code, adversely affect structural integrity, or pose a serious risk to health and safety or the property — and it must give you a copy of that report. It may instead require a different manner or location. An agreement must then be reached within 90 days and registered on title.
Not an alteration dispute. The Tribunal’s jurisdiction expressly excludes changes to common elements, naming EV chargers as an example, and also excludes repair and maintenance, governance and financial matters. It can hear nuisance disputes including noise, which is why the noise after a floor change is within its reach while the approval of that floor is not. Fees are $25, $50 and $125 by stage, and cases take around six months.
It can require the assembly to meet the acoustic standard in the declaration or rules, and most corporations do. Real examples set field impact and sound transmission ratings of 65 dB with at least 60 per cent of the area covered in sound-absorbing material; Toronto market expectations commonly run to IIC and STC 55, higher in older buildings. Boards frequently require a third-party test certificate for the specific floor and underlay before approving.
The written agreement an owner must enter with the corporation before altering the common elements. It allocates the cost of the change, sets out who maintains it, repairs it after damage and insures it, and specifies who owns the resulting alteration. It must be registered on title — compliance is not complete until it is — and the owner normally pays for preparation and registration.
Wherever the work touches the common elements, yes — and that includes plenty of work inside your own walls, because pipes, conduit, ductwork and load-bearing or demising walls are frequently common elements. The Condominium Act requires board approval before the work, a written agreement with the corporation, and registration of that agreement on title. What counts as a common element is set by your building’s declaration, usually in Schedule C.
Sources
- Condominium Authority of Ontario — common elements; who is responsible for common elements; governing documents; Tribunal jurisdiction; Tribunal fees and timelines; Guide on Electric Vehicle Charging Systems and application template, condoauthorityontario.ca, checked 19 September 2026
- Ontario condominium law firm restatements of section 98 and section 97 requirements — Robson Carpenter LLP, Ontario Condo Law, ACMO and CCI, checked 19 September 2026; the statute itself could not be read directly, as Ontario e-Laws returns a JavaScript stub and CanLII blocks automated access
- Treadstone Law — condo declaration, unit boundaries and renovation; Cheadles LLP — condominium common elements and the meaning of addition, alteration and improvement, checked 19 September 2026
- A registered section 98 agreement published by a Toronto condominium corporation, showing the standard clause structure, checked 19 September 2026. We are not naming the corporation, and we could not locate a stable public URL for the document on re-checking, so treat the clause detail in that section as illustrative of what these agreements typically contain rather than as a citation you can follow. Ask your own corporation for its template
- Friedlander v. York Condominium Corporation No. 427, 2022 ONCAT 110 (flooring rule and noise application dismissed); Kikites v. York Condominium Corporation No. 382, 2024 ONCA 34 (Court of Appeal reasons; appeal dismissed, the corporation found to have acted reasonably), checked 19 September 2026
- DHA Condo Law — collecting enforcement costs and the limits on liens without a court order, checked 19 September 2026
- FirstService Residential Ontario — can you renovate a condo; Electrical Safety Authority — notifications and what you need to know, checked 19 September 2026
- Indicative market figures for deposits, elevator bookings and acoustic testing: Toronto contractor and designer sources, named as such and not requirements, checked 19 September 2026
Everything in an Ontario condo turns on your building’s declaration, description, by-laws and rules, which differ from building to building. This guide explains the common framework and is not legal advice or a substitute for reading your own documents. For a dispute or an agreement you are being asked to sign, speak to a condominium lawyer.
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