Question:The Condominium A to Z course manual, page 46, says: “in some conventional condominium complexes, exterior windows and doors are common property, and in some they are private property.”
REALTORS® may be under the false impression that these items are common property in conventional condos. How can you tell when windows and doors are common property and when they are not?
A combination of information found on the condominium plan and the bylaws will state whether exterior windows and doors are considered private or common property.
One clue is the age of the condominium. Before September 1, 2000, exterior doors and windows were considered to be part of the unit. After that date, exterior doors and windows became part of the common property. However, a corporation registered prior to September 1, 2000 had until September 1, 2002, to register a special resolution to amend the plan so that these became part of the individual units again. This can mean that some condominiums may have windows and doors that are part of the unit and not the common area.
This information will be registered on the CAD and the bylaws may also make mention of maintenance and replacement that will provide clues as to responsibility. This is a great of example of why it is crucial to gather the condominium documents early in the selling process to make sure your seller-client knows what they are selling and a buyer-client knows what they are buying. - See more at: http://www.areahub.ca/About-AREA/AREAHub/sept14-condo-commentary.aspx#sthash.aGK6gCs5.dpuf