Everything you need to know when
buying a condominium
Location
isn’t the only thing to consider when buying a condo. Buyers should look at
things like the financial health of the condo corporation, the amenities, the
maintenance of the common areas and the community rules. Buyers also need to
understand the fees that come with living in a condo.
Buying a
condo means you must be aware of 2 key expenses:
- monthly common expense fees
(condo fees)
- special assessments
Monthly
Common Expense Fees
Monthly
common expense fees (condo fees) cover the costs of keeping common elements in
good repair. They also cover the operating costs of things like fitness
facilities, party rooms and swimming pools.
If the
condominium has staff, like security, cleaners and concierge, these costs will
be covered by monthly condo fees.
Monthly
fees may cover all, some or none of the costs of your utilities. Condo buyers
need to make sure they know:
- what services are and are
not included in the monthly condo fees
- if they need to pay certain
costs in advance
- what is included in the
monthly operating costs (e.g. utilities, legal fees, property management
services and landscaping)
The
condominium declaration shows (in percentages) how much each unit must pay in
monthly condo fees. Although it is not required by law, condo fee percentages
are usually calculated by the size of a unit. For example, owners of a
three-bedroom condo typically pay a higher monthly condo fee than owners of a
one-bedroom condo.
You are
responsible for paying your condo fees. They are your share of the operating
expenses of the condo corporation.
Increases
can happen at any time and for a number of reasons, like an unexpected major
repair, a lawsuit involving the corporation, or just to keep up with rising
costs.
These
increases tend to occur when the annual budget is set by the board of
directors. Check when the last increase took place to help you determine when
to expect another.
Owners of
newly-built condos can experience a significant increase in condo fees in the
2nd or 3rd year of ownership. This is because fees to cover the cost of certain
amenities, like a guest suite that a corporation may have to buy as an asset,
might not take effect until year 2.
Also,
although developers estimate monthly expenses for the first fiscal year of a
condo corporation, it isn’t until the board of directors takes over and
conducts the first reserve fund study that you begin to know the true costs of
maintaining the building.
Reserve
Fund
A portion
of your monthly condo fees goes to build up a reserve fund. A condo corporation
must set up and maintain a reserve fund for the major repair and replacement of
common elements and/or assets. These can include the roof, exterior of the
building, roads, sidewalks, sewers, heating, electrical, plumbing, elevators,
laundry and recreational facilities.
The
corporation must hire a qualified professional, like an architect or engineer,
to conduct a reserve fund study. This study:
- recommends how much money is
needed for the reserve fund
- includes estimates of how
long the common elements and assets will last and what it will cost to
repair or replace certain parts of each
- is designed to help keep the
condominium property in good repair
- reduces the risk that owners
will need to pay a special assessment fee to make sudden major repairs
- helps ensure that the cost
of future repairs is not passed on only to future owners
- must be presented to the
board for approval
New condo
corporations must complete a reserve fund study within one year of
registration. The fund must be adequately funded by the end of the following
fiscal year. The corporation must conduct reserve fund studies every three
years.
The value
of a condo unit can depend on the financial health of the reserve fund.
Special
Assessments
Special
assessments are a type of common expense fee. They can be charged by a condo
corporation from time to time in addition to the regular monthly condo fees.
Special assessments may be charged to help pay for unexpected major repairs or
shortfalls in the reserve fund.
The
condominium declaration sets out how much each condo unit will pay when there
is a special assessment. It is the same percentage that is used to determine an
owner’s share of monthly condo fees.
A special
assessment is set by the condo board and does not need to be approved by all
owners. You have the right to request copies of financial records from your
board, as long as you put your request in writing and give reasonable notice.
Buying a Newly-Built Condo
When you
buy a unit in a newly-built condominium directly from a developer, Ontario’s
Condominium Act gives you specific protections.
Buyer
Protections
- when you buy a newly-built
condo, you have the right to cancel the purchase within a 10-calendar day
cooling-off period. The clock on this 10-day period starts from the time
you receive a copy of the fully signed purchase and sale agreement or the
disclosure statement (whichever comes later)
- you also have the right to
cancel a sales agreement within 10 days after any “material change” (i.e.
a significant change) to the disclosure statement
- if you exercise your right
to cancel, the developer must refund any deposit plus any interest that
may be payable
- if you make a deposit, the
developer must make sure that it is held in trust
- a developer can’t terminate
your purchase and sale agreement without your consent or a court order
- like all new home purchases,
newly-built condo units are covered by the Ontario New Home Warranties
Plan Act, which is overseen by Tarion Warranty Corporation
Buying a
newly-built condo does not mean you should skip getting a home inspection. A
quality home inspection will help you make an informed decision before buying a
home. It will help you understand a home’s condition and value.
Developers’
Obligations
Developers
must:
- take all reasonable steps to
finish the condo project on time. You may have a right to compensation if
your condo closing is unreasonably delayed
- register the legal documents
that are needed to set up the condo corporation without delay
The
developer must also provide you with a disclosure statement that includes:
- a general description of the
property. For
example, the land and building(s) perimeters and unit boundaries
- the number of units the
builder intends to lease. If a builder intends to keep ownership of a
block of units, he or she will also become a unit owner and can have
control over some affairs of the condo corporation
- estimated start and end dates
for the construction of amenities that are not completed
- the condo corporation’s
current budget. The
developer has to release the estimated revenue and expenses for the first
year of operation. This information will allow you to plan for your
monthly condo fees in that first year.
The budget should show costs for things like staff, maintenance and
utilities. Among other reasons, monthly condo fees can increase if the
developer defers some expenses and does not include them in the first-year
budget
- the condo declaration. This contains the
condominium’s fundamental rules, sets out the definition of units and
common elements, shows the percentage of ownership each unit has in the
common elements and shows how much each owner must pay in monthly condo
fees
- condo by-laws, rules and
restrictions.
They will set out any restrictions on how you can use your unit or the
common elements. For example, they may:
- restrict the size or number
of pets
- restrict the colours you
can use for shades or blinds
- require you to file certain
documents with the corporation if you want to rent your unit
Be aware
when buying a newly-built condo
New condo
owners are sometimes unpleasantly surprised by large increases in condo fees.
These increases can occur during the 2nd or 3rd year of ownership.
For
example, fees to cover the cost of certain amenities, like a guest suite that a
corporation may have to buy as an asset, might not take effect until year 2.
Before you buy, find out if there will be any deferred costs and make sure that
you can handle a rise in monthly condo fees.
Developers
estimate monthly expenses in the disclosure statement. However, it isn’t until
the board of directors takes over – and conducts the 1st reserve fund study –
that you begin to know the true costs of maintaining the building.
There are
2 main differences between buying a unit from the developer and buying a resale
condo:
- the Condominium Act gives
people who buy a newly-built condo a 10-calendar day cooling-off period
during which they can cancel the purchase. However, the Condominium Act
does not provide buyers of resale condo units with a cooling-off period
- when you buy from a
developer you are entitled to receive and review a package of materials
called a disclosure statement. With a resale condo, you can review a
similar package called a status certificate, provided by the condo
corporation. However, you have to request and pay a fee to receive a
status certificate. Both packages include copies of the declaration,
by-laws and rules
If you
decide to work with a real estate professional, know that in Ontario real
estate salespersons and brokers must be registered with the Real Estate Council
of Ontario (RECO).
Learn
about the benefits of working with a registered real estate professional from RECO.
We
recommend that buyers of resale condos get a home inspection. A quality home
inspection will help you make an informed decision before buying a home. It
will help you understand a home’s condition and value.
Status
Certificate
When you
are buying a resale condo, be sure you receive and understand the status
certificate.
You
should consider making your offer conditional on your satisfactory review of
this certificate. We also recommended that buyers get advice from a lawyer
and accountant.
A status
certificate should include:
- a statement on the status of
the current owner’s condo fee payments. Is the current owner up-to-date in paying his
or her condo fees? If not, you may owe these fees to the corporation
if you purchase the unit
- the condo corporation
financial status. This includes:
- the current budget
- the most recent audited
financial statement
- the status of the reserve
fund
- any special assessments
that are in place
- if the corporation knows of
anything that may result in future increases in condo fees.
Note that if major repairs are planned, monthly condo fees are likely to
increase.
It is also important to check that a reserve fund study has been
completed and that the reserve fund is not underfunded. Part of the value
of the condo unit you are buying is the financial health of the reserve
fund.
- the condo declaration. This sets out the legal
definition of the units and common elements, shows the percentage of
ownership each unit has in the property and shows how much each owner must
pay in condo fees
- condo by-laws, rules and
restrictions. The
board of directors can pass rules and by-laws that will govern the condo
corporation. These must be accepted by the owners and cannot conflict with
the Condominium Act. The board of directors may also make rules to govern
day-to-day living, like how the freight elevator can be used, if owners
can have pets, or what colours can used for blinds or shades
Ask These Question Before You Buy
There are
many things that you should consider before buying a condo unit.
The
advice of a lawyer, real estate agent or accountant can help you see the full
picture and make an informed decision.
All condo
buyers:
Here are
some questions that all condo owners should discuss when reviewing the condo
declaration, by-laws and rules with their lawyer, real estate agent or accountant.
Keep in
mind that this is not an exhaustive list. Also, it also does not include
questions related to the agreement of purchase and sale.
- How are my condo fees
determined?
- Do the declaration, by-laws
and rules of the condominium suit my lifestyle? For example, some
condominiums limit the size and number of pets. Some prohibit certain pets
altogether.
- What are the boundaries of
my unit? Are the windows and doors part of my unit? Is the roof part of my
unit in a townhouse complex? Are any of the pipes behind the drywall part
of my unit? In most cases, you will be responsible for and required to
maintain and repair your own unit.
- What are my repair and
maintenance responsibilities? Am I responsible for the maintenance of my
heating and cooling equipment? If a pipe leaks behind the wall, is it my
responsibility to repair? If I have exclusive use of a yard, deck or
fence, am I responsible for maintaining and repairing them?
- Should I consider getting
extra insurance? What does the corporation's standard insurance cover? It
is important to understand the corporation’s insurance coverage so that
you understand:
- what you are responsible
for
- if you would like to get
your own insurance coverage
- Is there enough money in the
reserve fund? Are there any planned expenditures? It is important to know
the financial health of the corporation to help assess what your condo
fees will be.
- How many rental and/or
mixed-use units are there? Remember, condo owners who rent out their units
as an investment may not share the same interests as owners who live in
the building.
- Is there a shared facilities
agreement with another condominium or property? Some condominium
properties may share amenities with others.
- Are there commercial units?
This means that residents will need to share the building with stores and
businesses.
Buyers of
newly-built condos:
On top of
the questions above, here are questions that buyers of newly-built condos
should discuss when reviewing the condo budget and disclosure statement with
their lawyer, real estate agent or accountant.
Keep in
mind that this is not an exhaustive list. Also, it also does not include
questions related to the agreement of purchase and sale.
- How might my condo fees
increase in the 2nd fiscal year of the condominium corporation? Are
there any deferred costs? For example, will the condominium corporation
have to buy an amenities unit (e.g. a recreation centre) where costs don’t
kick in until the 2nd fiscal year? If so, will that result in a fee
increase to condo owners?
- Do the condo fees seem
comparable to other buildings of the same size and with similar amenities?
- Are all utilities for the
unit included in the maintenance fees? If they are not, they will be an
additional expense that you will need to budget for.
- Is the reserve fund
contribution for the 1st year only at 10% of the corporation’s budget for
the 1st fiscal year? This is the bare minimum. It also means the
reserve fund contribution may have to be increased fairly quickly in the
2nd fiscal year. This could affect your condo fees.
- How many units does the
developer intend to own and lease? Remember that at owners’ meetings, an
owner gets one vote for each unit that he or she owns.
- Are there any restrictions
for owners looking to rent their units? Some corporations may have some
restrictions on renting condo units.
- Did the builder put in place
a standard unit by-law and an insurance deductible chargeback by-law? They
may spell out:
- how the condo corporation’s
insurance works when there is damage to your unit
- how the condo corporation’s
insurance works when damage to other units or the common elements
originates from your unit
Owners
need to understand how a corporation’s insurance coverage works because the
cost of damage and repairs could be significant. This may help you determine if
you would like to get your own the insurance coverage.
If these
by-laws are not in place they can be passed later, but will require approval of
a majority of owners. This can be hard to get.
Buyers of
resale condos:
Here are
questions that buyers of resale condos should discuss when reviewing the condo
budget and status certificate with their lawyer, real estate agent or
accountant.
Keep in
mind that this is not an exhaustive list. Also, it also does not include
questions related to the agreement of purchase and sale.
- Is the budget in a deficit
or a surplus? It is important to know the financial health of the
corporation to help assess what your condo fees will be.
- Has the budget increased in
the past few years? Are the increases due to things other than inflation
or utility costs? What are the reasons for these increases? Past budget
increases may help you see if more future increases are likely to happen.
- Are there plans to increase
condo fees during the current fiscal year? Does the corporation know of
anything that may lead to an increase in the condo fees? Has the
corporation levied any special assessments? A special assessment is a type
of common expense fee that is in addition to the regular condo fees and
help pay for things like unexpected major repairs or shortfalls in the
reserve fund.
- Are all utilities for the
unit included in the condo fees? If they are not, they will be an
additional expense that you will need to budget for.
- What services (e.g.
security, maintenance, staffing) does the budget include? How much do they
cost?
- What is the amount in the
corporation’s reserve fund? Sometimes, when a condo corporation has a
large reserve fund in relation to its operating budget, it could mean that
major repairs may be needed soon. Keep in mind that this is not
necessarily a bad thing. It could mean that the corporation planned well
and saved money in advance.
It’s also not necessarily a bad thing if the
reserve fund is low. It could mean that the corporation just spent money on
major repairs and is now replenishing the fund.
- Is there a standard unit
by-law and an insurance deductible chargeback by-law? They may spell out:
- how the condo corporation’s
insurance works when there is damage to your unit
- how the condo corporation’s
insurance works when damage to other units or the common elements
originates from your unit
Owners need to understand how a corporation’s insurance coverage works because
the cost of damage and repairs could be significant. This may help you
determine if you would like to get your own the insurance coverage.
- Is the corporation involved
in any lawsuits? If so, what is the case about and how much money is at
stake? Are there any judgments against the corporation? If so, does the
corporation have to pay any money, etc., to another party?
- How many parking spaces and
locker units come with the unit? Are they owned by individual unit
owners or are they exclusive-use common elements? It is important to
understand if you will have a parking spot or locker space, and if you or
if the corporation will be responsible for maintaining and repairing it.
Source:
Ministry of Consumer Services