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Common Elements Condominium Corporations
A common elements condominium corporation may own and acquire real property for the use and enjoyment of the lot owners. For example, in a private gated community that is a mixture of single family homes on individual lots and more traditional residential condominium phases, the common elements condominium corporation might acquire a co-ownership interest in the security gatehouse unit, being a registered unit in another, traditional residential condominium plan, thereby providing secured access to the overall project, and the common elements condominium corporation could also enjoy a co-ownership interest in a community centre or recreational facility created on a separate block of land.
Each owner of an interest in the common elements corporation must own a separate property within the same land registry division. In the example given, there would be a specified lot within an “estate lot” plan of subdivision which meets this requirement. The declaration of a common elements condominium corporation will describe the property attached to each common interest that will be used as security for the enforcement of payment of common expenses, including, in the example given, each lot owner’s obligation to contribute toward the cost of maintaining, operating and repairing the shared roadway and servicing systems.
The declaration of the common elements condominium corporation must set out the number of common interests and the proportions of contribution toward common expenses. The common interest of each lot owner in the common elements condominium corporation cannot be severed from the owner’s private parcel of land, i.e. for the protection of all members of the common elements condominium corporation and, in the example given, also for the protection of the other condominium corporations comprising the residential gated community.
If a lot owner does not pay the common expenses when due, the common elements condominium corporation can place a lien on the designated lot to secure the payment of the arrears in the same manner as a more traditional condominium corporation now does in respect of a residential unit, and the lien has priority over any mortgage previously registered against the lot.
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