Do you need a section 98 agreement?
In the last two weeks, I've had two people suggest that I write about section 98 of the Condominium Act, 1998, so that's what I'm going to do today. (Thanks for the suggestions!). Section 98 of the Condominium Act, 1998, addresses situations where owners want to make an "addition, alteration or improvement" to the common elements. The courts have defined "addition" as joining or connecting something to a structure; "alteration" as changing the structure; and "improvement" as the betterment of the property or enhancement of it. There are a number of prerequisites that the owner must satisfy before making a change to the common elements:
- The board has approved the change;
- The owner and the corporation have entered into an agreement (sometimes called a "section 98", "indemnity", or "alteration" agreement);
- Notice has been given to all of the owners (if applicable); and
- The corporation has included a copy of the agreement (if required to send the notice described in paragraph 3).
- will not have an adverse effect on units owned by others;
- will not give rise to any expense to the corporation;
- will not detract from the appearance of buildings on the property;
- will not affect the structural integrity of buildings according to an engineer; and
- will not contravene the declaration.