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Special Kinds of Condominiums

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Commercial Condominiums
When you use the word "condominium", most people think of a residential high-rise or townhouse. However, Ontario contains a number of commercial condominium buildings as well, and more are being built every day. A commercial condominium can take whatever form permitted by the Condominium Act so long as its units are zoned for commercial use.  Also, it is not unusual to find mixed-use condominiums where some units are residential and others are commercial. An example is a 30-storey residential high-rise condominium with ground floor commercial units where one may find a grocery store, coffee shop, restaurants and other businesses.

The cultures and dynamics in commercial or mixed-use condominium communities are significantly different from their purely residential counterparts. You need a lawyer that understands both condominium law and business law, and this is where GMA can help. Our services include advice on:

Contact one of our condolawyers for more information.

Common Element and Vacant Land Condominiums
Common element condominiums and vacant land condominiums are special kinds of condominiums that were introduced to Ontario in the Condominium Act, 1998.

A common element condominium consists of condominium lands that are only common elements. The condominium owners actually own freehold land that is separate and apart from the condominium land. To become a condominium owner, he or she elects to have the freehold land tied to the condominium land. The land is known as a POTL (Parcel Of Tied Land). An example common element condominium may be a residential sub-division in a suburb. Each lot containing a house would be POTL attached to condominium common element lands consisting of amenities like roads, sidewalks and parks.

A vacant land condominium is where you have condominium land consisting of units and common elements, but the units are all vacant. A person would buy the unit and build his/her own building on the land.

Like a standard condominium corporation, common element condominiums and vacant land condominiums can be either commercial or residential. However, the governance and other requirements in these legal structures vary from what applies in a standard condominium. There are nuances that are not obvious.

If you would like more information about any of the above, contact a GMA condolawyer. Any one of us will be happy to help.




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