CCI-T Condovoice - Spring 2021

Page 15

Joel Berkovitz B.A., J.D. Shibley Righton LLP

Cover Story

Townhouse Condominiums A Lot More Differences Than Meet the Eye If you were to go up to the average person on the street and ask them what they think a ‘condominium’ is, there is a good chance they will tell you it is a high-rise apartment building. They may be surprised to learn that of the nearly 12,000 condominium corporations in Ontario a substantial portion of them are actually townhouses. The Condominium Act, 1998 (the “Act”) does not differentiate between townhouses and high-rises (or any other building type for that matter) – its application is the same regardless of buildtype. In fact, the legislation does not even include the word ‘townhouse’. Yet anyone who has lived in or provided service to a townhouse condominium knows that they are dramatically different than high-rises. As a condominium lawyer and a former director of a townhouse condominium, I’ve seen many of these differences first hand.

ILLUSTRATION BY CARL WIENS

Townhouse owners often have very different expectations of their boards and managers than high-rise unit owners. Many view their townhouse as being more akin to a private, freehold property than the ‘apartment-like’ high-rise units. Beyond the basic fact that most townhouse condominium corporations do not have elevators, lobbies, concierge desks, or the type of recreational facilities often seen in high-rise buildings, there are a number of other factors which differentiate townhouse condominiums. CONDOVOICE SPRING 2021

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