Common elements in a Toronto condo are everything in the property that falls outside the boundaries of individual units. They are collectively owned by all unit owners and maintained by the condominium corporation using the monthly common expense fees that every owner pays.
The Ontario Condominium Act, 1998 defines common elements simply as 'all the property except the units.' In practical terms, this includes lobbies, hallways, stairwells, elevators, parking garages, garbage and recycling rooms, and the roof. It also includes the mechanical, electrical, plumbing, and HVAC systems that serve the building, along with amenity spaces such as fitness rooms, pools, party rooms, and outdoor grounds. The structural components of the building itself, including exterior walls and the foundation, are common elements as well.
There is an important subcategory called exclusive use common elements. These are parts of the common elements that only a specific unit owner is permitted to use. Balconies, terraces, storage lockers, and certain parking spaces often fall into this category. Although you may use your balcony as if it were part of your unit, it may legally be an exclusive use common element owned by the corporation. The distinction matters because it affects who is responsible for maintenance, repairs, and what modifications you are allowed to make. In most Toronto condos, exclusive use common elements are described in Schedule F of the declaration, while unit boundaries are set out in Schedule C.
Each owner's share of common element costs is determined by the unit factor, a percentage assigned to each unit in the declaration. Larger units typically carry a higher unit factor and therefore contribute more toward common expenses. The corporation uses these contributions to cover routine maintenance, insurance, utility costs for shared areas, and contributions to the reserve fund that pays for major repairs over time.
Before purchasing a condo, you should review the declaration carefully to understand exactly where your unit ends and the common elements begin. This boundary determines your maintenance obligations and your rights to make changes. Modifications to common elements, including exclusive use areas, generally require written approval from the board of directors under Section 98 of the Condominium Act. To better understand how your contributions are used, read about what condo maintenance fees cover in Toronto.