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Webinar: Changes to common elements

An oddly recurring set of questions we get deals with modifications to common elements.  Who can modify them and under what conditions? What about Corporations? Can they modify common elements and, if so, what’s the level of consultation required to do so? Who pays for what? …. etc.  Join us to learn on this from the pros.

This webinar was recorded on November 1, 2023

Watch on demand

You can watch this episode on demand by clicking here.

Link to powerpoint presentation


In this episode, we will cover everything you need to know about modifications to common elements:

  • Can owners modify common elements
    • Under what conditions?
    • Who pays for what?
    • What is a “Section 98 Agreement” and when do you need one?
    • Can we adopt a by-law to pre-approve certain modifications to common elements?
  • Corporations modifying common elements
    • Can corporations modify common elements?
    • What level of consultation is required?
    • Do owners have a say?
    • When is a vote required (and when is it optional)?
    • Maintenance and repairs vs. changes to common elments
    • How do we pay for these modifications?
  • Modifications of exclusive use common elements?
  • Can EV charging station be installed with a Section 98 Agreement?
  • Buying and selling land


The Gowling crew:

  • Rod Escayola (Gowling WLG)
  • Graeme MacPherson (Gowling WLG)
  • Nailah Ramsoomair (Gowling WLG)

Guests:  (We’re still working on this)

  • Yawar Khan (Apollo CI Condo Management)
  • We’re looking for a director willing to share their experience. Contact us if you have what it takes to join the panelists!



April Webinar
EV Stations in condos
Wed. April 3 at 5pm
CPE credits: 1.0
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