Single Purpose Agreements
Every property owner has a right to improve his or her property, and that includes
owners of condominium units. In a condominium a relatively straightforward improvement
to the common elements may still require an owner’s alteration agreement. There
is where a single purpose agreement can be useful.
When it comes to owners who renovate their units, the condominium board’s job is
to ensure that the owner complies, or takes steps to comply, with the Act along
with the corporation’s declaration, by-laws and other relevant rules. The board
needs to ensure that owners comply
before the work on the common
elements gets started. The Owner’s Alteration
Agreement is a governance tool to make that job easier. Its function is to clearly
state the requirements for the addition, alteration or improvement up front, and
give the corporation access to remedies in the event the owner does not comply.
It is important for the owner to understand that the board is not trying to stop
or hinder his/her renovations. Instead, the board is merely trying to ensure that
the unit renovations do not harm other members of the condominium community or have
widespread implications for the building or complex. This can sometimes be difficult
to communicate, but a GMA condolawyer is here to help your condominium through the
process.
We can prepare a specialized single purpose owner’s alteration agreements dealing
with a variety of changes including:
- Balcony Enclosures
- Satellite Dish Installations
- Storm Door/Screen Door Installations
- Unit Renovations, Structural Changes and Upgrades (including renovations to combine two units into one)
- Fences
- Fireplace Installations
- Deck Installations
Each change raises a variety of distinct issues that must be addressed in the single-purpose
agreement. A typical agreement would cover 35 - 60 points in 10 - 20 paragraphs
on 8 - 12 pages. Our past experience with numerous owners’ alterations agreements
indicates that they will usually have to be further customized to suit the applicable
circumstances of each corporation. While the standardized forms provide an excellent
starting point, the devil is in the details. Directors and managers should ensure
they avoid liability by having a condominium lawyer make the appropriate agreement
fit the situation.
Prices and Ordering
We are pleased to provide a single-purpose owner’s alteration agreement at our standard
hourly rates. Because the single purpose agreement is usually for the sole benefit
of one single owner (or perhaps a handful of owners) condominium boards typically
require that owner(s) to bear the full cost of preparation and registration. Although
we will act as lawyers for the condominium corporation, the owner(s) will have to
send us a financial retainer for our fees and agreement registration before we prepare
the agreement. Feel free to contact us for more information.