In a Markham Centre condo, you need board approval for any addition, alteration or improvement to a common element, including most balcony changes. Section 98 of Ontario's Condominium Act sets the process, and a like-for-like repair may not need it.
Markham Centre's towers look like the building owns everything past your front door, and legally that's close to true: the balcony, the railing, the exterior glass and the walls around you are usually common elements owned by the condominium corporation. You may have exclusive use of your balcony, but exclusive use isn't ownership. That single fact decides who can approve, pay for, and hire out almost any exterior job. This guide covers the statute, not your particular building, so your declaration always has the last word.
What Section 98 actually says
Section 98(1) of the Condominium Act, 1998 lets an owner make an addition, alteration or improvement to the common elements, as long as it isn't contrary to the Act or the declaration, and only if:
- the board has approved it by resolution;
- you and the corporation have signed an agreement that allocates the cost, sets out each side's duties for repair after damage, maintenance and insurance, and covers anything else the regulations require;
- the section 97 requirements are met where they would apply if the corporation did the work itself; and
- a copy of the agreement is included in the notice the corporation must send to owners.
"Verbal okay from the property manager" isn't on that list. Neither is an email from the concierge. The approval is a board resolution, and the paperwork is an agreement.
The shortcut for balconies: Section 98(2)
Balconies are the textbook case of a common element with exclusive use, and the Act treats them more lightly. For a change to a part of the common elements you have exclusive use of, the notice-to-owners and section 97 steps don't apply, if the board is satisfied on the evidence it may require that the change:
- won't have an adverse effect on other owners' units;
- won't give rise to any expense to the corporation;
- won't detract from the appearance of the buildings;
- won't affect structural integrity, according to an engineer's certificate, if the change involves the structure; and
- won't contravene the declaration or any prescribed requirements.
In practice that means the burden is on you to show the board these five things. A change to a balcony that touches the slab, anchors into the building, or alters the look of the tower from the street is where the engineer's certificate and the appearance question get serious.
The agreement binds your unit, and the next owner
Under section 98(3), the agreement doesn't take effect until the approval conditions are met and the corporation has registered it against the title to your unit. Section 98(5) says it binds the unit and is enforceable against future owners. If you don't comply, section 98(4) lets the corporation add the resulting costs, interest and expenses to the common expenses for your unit. Read it before signing, and keep a copy for the day you sell.
Who repairs what: sections 89, 90 and 91
The default rule is that the corporation maintains the common elements (section 90) and repairs them after damage (section 89), while you maintain your unit. But section 91 lets a declaration change that, for example by making owners responsible for maintaining or repairing the parts they have exclusive use of. Section 89 also says the corporation's repair duty doesn't include improvements made to a unit, measured against a "standard unit" for your class of unit.
So the first question on a failing balcony isn't "which contractor?" It's "whose job is this under my declaration?" If the corporation is responsible, a private contractor you hired may create a problem instead of solving one.
The building permit is a separate question
Board approval and a municipal building permit are two different gates. Markham's Building Standards Department says most construction work will require a building permit, while routine tasks like painting or replacing cupboards don't, and it asks you to call when you aren't sure. Its Permit Application Administrator's Desk is at 905-475-4870. Describe the exact work (new guard, enclosure, anchors, glazing) and get the answer before the contractor books a date.
What to do before you hire anyone
- Read your declaration, by-laws and rules for balcony, exterior and alteration wording, and who maintains exclusive-use areas.
- Ask property management whether your job counts as maintenance (the corporation's), a repair, or an alteration needing a Section 98 request.
- Put the request in writing, with drawings or product details and the contractor's name.
- Ask about the cost of the process. Condo corporations commonly charge for legal review and registration of the agreement; get the figure in writing.
- Check the trade licence of whoever does the work, and ask whether the building wants proof of insurance or sets work-hour rules for contractors.
- Call Markham Building Standards if there's any chance a permit applies.
Quick answers
Do I need board approval to repair my condo balcony in Markham?
Usually yes if the work changes the balcony. A like-for-like repair may only need a call to management, but any addition, alteration or improvement to a common element needs board approval under section 98. Most condo balconies are common elements you have exclusive use of. Maintenance and repairs of them often stay with the corporation unless your declaration says otherwise, so ask management before you hire anyone.
What is a Section 98 agreement?
It's a written agreement between you and the condo corporation covering an approved change to the common elements. It sets who pays, who maintains it, and who covers repairs and insurance. It is registered against your unit's title and binds future owners, so the next buyer inherits it.
Can I put glass or an enclosure on my Markham Centre balcony?
Only with board approval, and likely a building permit too. Enclosures change the building's appearance and may touch the structure, which are exactly the things the board must weigh. Markham says most construction work needs a permit, so call its Building Standards Department before you commit.
Who pays if my balcony is damaged?
Under the Act the corporation generally repairs common elements after damage, but not improvements you made to your unit. Your declaration can shift this. A Section 98 agreement for an alteration spells out repair, maintenance and insurance responsibility for that change.
How long does condo board approval take?
There is no single timeline in the Act, so it depends on how often your board meets and how complete your request is. Ask management for the next meeting date. A clear written request, drawings and the contractor's insurance details usually save a cycle.
If you'd like a fixed price on the work once your approval is in hand, you can request one from Rhodex.
Ask first, then book
Most expensive condo mistakes start with a good contractor and a missing approval. Get the board's yes in writing, find out who is responsible, and confirm the permit question. Then the actual work is the easy part.
Related reading
- In-Suite Plumbing and Electrical Fixes in a Markham Centre Condo
- Condo Board Approval for Exterior Jobs in Richmond Hill
- How Do Building Permits Actually Work in York Region?
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