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Owner’s Alteration Agreements
From time to time, a condominium board may find an owner who wants to make an addition, alteration or improvement to the common elements. Why? There are a variety of reasons. If your condo is a townhouse community, you may have owners who want to install a new deck, satellite dish or fence. In a high-rise, you may find an owner who wants to add a balcony enclosure. An owner may want to renovate his or her unit, or perhaps combine two units, and the work will inevitably alter the HVAC system, plumbing or electrical work. The list of possible scenarios can go on and on.
The Condominium Act allows owner’s to make common element additions, alterations and improvements under a set of very strict conditions. Among the detailed requirements, the owner needs a board resolution approving the proposed work. The Act also requires a specialized contract between the owner and the condominium corporation called an owner’s alteration agreement. This agreement must contain certain terms prescribed by the Condominium Act, like who is responsible for repairing and maintaining the alterations. Once the agreement is complete, depending on the circumstances the work may require notice to, or a vote from, the owners. Finally, before it can become effective the owner’s alteration agreement needs to be registered on title to the owner’s unit.
At GMA, we routinely prepare owner’s alteration agreements and assist our clients through the complexities of common element additions, alterations and improvements.
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