Governance & Board Decisions
Section 98 Agreements Explained: Alterations to Common Elements
Want to change flooring, add an AC unit, or alter a balcony? Ontario condo law has a specific process for that.
Section 98 of Ontario's Condominium Act, 1998 governs agreements between an owner and the corporation when the owner wants to alter a common element, or an exclusive-use common element attached to their unit, such as a balcony, patio, or parking area assigned for their sole use.
These agreements typically cover who is responsible for maintaining and insuring the alteration going forward. Under section 98(3), the agreement does not take effect until the corporation registers it against the title to your unit, and under section 98(5) it binds future owners of the unit. Making a change first and asking permission later is one of the more expensive mistakes an owner can make here.
Official Ontario sources
- Ontario Condominium Act, 1998Section 98 governs agreements for changes made by owners to a common element or an exclusive-use common element.
What to check first
- 1Confirm whether your planned change affects a common element or an exclusive-use common element.
- 2Request the corporation's alteration approval process or form.
- 3Submit a written request describing the change in detail before doing any work.
- 4Ask whether a Section 98 agreement will be required for this specific change.
- 5Review the draft agreement for who becomes responsible for future maintenance and liability.
- 6Confirm that the corporation will register the agreement on title, since it does not take effect until it is registered.
- 7Keep a copy of the signed agreement with your permanent unit records.
Common mistakes owners make
- Making the alteration before getting written approval.
- Treating a verbal 'sure, go ahead' from the property manager as sufficient approval.
- Not reading who becomes responsible for future repair and maintenance costs under the agreement.
- Missing that the agreement is registered on title and binds whoever buys the unit from you.
- Assuming small or cosmetic-seeming changes never require approval.
Documents to gather
- Your written alteration request
- The corporation's alteration policy
- The draft and signed Section 98 agreement
- Any insurance certificate required for the alteration
- Contractor quotes or specifications submitted for approval
- Board approval correspondence
When to get a closer look
- The board is refusing approval and the reasons given are unclear.
- The draft agreement's liability terms feel one-sided.
- You're buying a unit with an existing altered feature and need to confirm an agreement exists.
- You're unsure whether your planned change needs an agreement at all.
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Related reading
See how this plays out
Anonymized owner scenarios from a public Ontario condo-owner community group. Not client files.
Frequently asked questions
What counts as a common element I'd need approval for?
Common elements are everything not designated as part of a unit in the declaration. This often includes structural components, balconies, and exterior surfaces, even when a specific owner has exclusive use of part of them.
Do I need a Section 98 agreement for every alteration?
For an addition, alteration or improvement to the common elements, section 98(1) generally requires both board approval by resolution and a written agreement with the corporation, and for some changes the owner notice rules in section 97 also apply. Work entirely inside your unit may be treated differently, so confirm with the corporation, or a lawyer, whether your change touches the common elements before you start.
Who pays to maintain an alteration after it's approved?
This is exactly what the agreement is meant to specify. Responsibility for maintenance, repair, and insurance typically shifts to the owner for the altered feature, but the details vary by agreement.
Does a Section 98 agreement get registered on title?
Yes. Under section 98(3) of the Condominium Act, a section 98 agreement does not take effect until the corporation registers it against the title to your unit, and under section 98(5) it binds future owners of the unit.
What if I bought a unit with an alteration already in place?
Check whether a Section 98 agreement exists for that alteration and review its terms. You may have inherited the maintenance and liability responsibilities it describes.
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Independent guidance for Ontario condo owners. Not legal advice. Not legal representation. Not an engineering opinion. It is not a substitute for advice about your specific situation from a licensed professional. Condo Owner Advocate helps you understand your situation. You decide what to do.