If the part you want to change belongs to the condo corporation, such as a balcony, exterior door or window frame, you need the board's written approval before work starts. Repairs and changes inside your own unit generally don't.
A lot of small jobs in Concord's condos and townhouse communities stall on the same question, and it has nothing to do with the tradesperson. It's a question of who owns the thing being fixed. A detached home owner can call anyone on a Saturday. In a condo, the same repair can land on a part of the building you use every day but don't actually own, and that changes who can authorize it and who pays.
Start with what you own and what the corporation owns
Ontario's Condominium Act, 1998 splits a condo property into your unit and the common elements. The boundary is set by your corporation's declaration and description, which are registered documents. They are the first thing to read, because the rules below turn on them.
Balconies, terraces and parking spots are often exclusive use common elements. You use them alone, but the corporation owns them. That is why a balcony railing or a balcony door can need board sign-off even though nobody else walks out onto it. Exterior doors and windows are frequently common elements as well, with the declaration saying exactly where the unit stops.
Some townhouse communities in the area are organised as condominium corporations too, which means the same split between what you own and what the corporation owns can apply even though it looks like a freehold street. If you aren't sure which you have, your property manager can tell you, and your declaration will say.
Who fixes it: the default rule and how declarations change it
Section 90 of the Act says the corporation maintains the common elements and each owner maintains their own unit. Maintenance includes repair after normal wear and tear, but not repair after damage.
Section 91 lets a declaration change that. A declaration can make owners responsible for maintaining, and repairing after damage to, the parts of the common elements they have exclusive use of. In practice that is why one condo's board replaces a worn balcony door seal and another expects the owner to arrange it. Read the wording in your own declaration before you assume.
When approval is required: section 98
If you want to add to or alter the common elements, section 98 is the rule. In short, the change has to be consistent with the Act and your declaration, and two things have to happen before work starts:
- The board approves the proposal by resolution.
- You and the corporation sign an agreement that splits the cost, sets out who is responsible for maintenance, repair after damage and insurance of the change, and covers anything else the regulations require.
The agreement doesn't take effect until the corporation registers it against the title to your unit. Once registered, it binds your unit and is enforceable against whoever buys it from you. If you break it, the corporation can add the resulting costs to the common expenses charged on your unit.
There is a lighter route for changes to a part of the common elements you have exclusive use of, such as your own balcony. For those, the notice-to-owners steps don't apply if the board is satisfied, on the evidence it asks for, that the change:
- won't have an adverse effect on other owners' units;
- won't cost the corporation anything;
- won't detract from the appearance of the buildings;
- won't affect structural integrity (if the work changes the structure, the board can require an engineer's certificate); and
- won't contravene the declaration or any prescribed requirements.
Even on that route, the board is still the one deciding, and an agreement still has to exist and be registered. Expect to supply drawings or a product spec, and expect your own costs to cover any engineer the board asks for.
What this means for common small jobs
- Like-for-like repair of something you're responsible for: often needs only a notice to management, but check your declaration and any rules about work hours, elevator booking and contractor insurance certificates.
- Replacing a balcony door, window or railing: ask the board first, even if it is like for like. Many declarations treat these as common elements, and boards often want a uniform look across the building.
- Adding something new outside the unit: a new light, a lock plate, a screen or a mounted fixture on the exterior is a change to the common elements. This is the section 98 case.
- Anything inside the unit: generally yours to do, though rules can still limit noise hours and require you to notify management.
Building permits are a separate question
Board approval answers whether the corporation allows the work. It doesn't answer whether the City of Vaughan requires a permit. The City's pages say a building permit is required for structural alterations in residential buildings and for installing a new window or door opening or enlarging an existing one, while replacing an existing window or door with a like-for-like one doesn't need one. Confirm the details for your job with Vaughan's Building Standards department before you book work, since condo buildings are often treated differently from a detached house.
What to get in writing before the work starts
- The board's written decision, or the signed section 98 agreement if one applies.
- Confirmation from management of work hours, elevator or loading access, and the insurance certificate the contractor must provide.
- The contractor's own licence or certification number if the trade is regulated. See how to verify a contractor's licence in Ontario.
- A clear note on who maintains and repairs the finished change, because that is the question that surfaces years later when you sell.
Quick answers
Do I need condo board approval to replace my balcony door?
Usually yes, if the door is part of the common elements. Check your declaration first, then ask the board in writing before a contractor touches it.
Who is responsible for repairing a balcony in an Ontario condo?
By default the corporation maintains the common elements, including balconies. Your declaration can shift upkeep and repair after damage to the owner for parts you use exclusively.
Can I install something on my balcony without telling the board?
Not if it alters the common elements. Under section 98 of the Condominium Act, the board has to approve the change by resolution before work starts.
Does a section 98 agreement get registered on my unit?
Yes. The agreement takes effect only once the corporation registers it against title to your unit, and it binds whoever buys the unit later.
Does condo approval replace a City of Vaughan permit?
No, they are separate. Board approval covers the corporation's property rules. Whether the City of Vaughan also requires a building permit depends on the work, so check with Building Standards.
If you'd like a price on a small exterior or in-suite job once you know what approval you need, you can get a fixed price from Rhodex.
Ask before the contractor arrives
The cheapest condo mistake is the one you never make: a balcony door swapped on a Tuesday and a letter from management on Wednesday. A short email to the board, with a product sheet attached, usually settles it. Keep their reply, because it matters to the next buyer's lawyer as much as it matters to you.
Related reading
- How Do I Know If a Contractor Is Licensed in Ontario?
- How Do Building Permits Actually Work in York Region?
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