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Real Estate

What's the difference between my condo unit and the common elements?

TSL Written by the Treadstone Law team· Updated August 25, 2026

In an Ontario condominium, your "unit" is the space you own exclusively — typically defined in the declaration and measured from certain boundary surfaces such as the undecorated surfaces of walls, ceilings, and floors. Everything outside those boundaries, including the building structure, mechanical systems, corridors, lobby, roof, and parking garage, generally forms the common elements, which are owned by all the unit owners together as tenants in common — in the percentages set out in Schedule D to the declaration — and maintained by the condominium corporation.

The exact boundary depends on the specific declaration registered for your building. Some declarations include the drywall, flooring, or plumbing within your unit; others stop at the structural concrete. Getting the boundary wrong can cause expensive disputes about who pays for repairs.

Limited common elements are common elements designated for the exclusive use of one or more units — for example, a private balcony or a parking space. You have exclusive access but the corporation typically maintains them unless the declaration assigns that obligation to the unit owner.

Key takeaways

  • Unit boundaries are defined in the registered declaration, not by intuition or floor plan.
  • The unit belongs to you alone; the common elements belong to all owners together, with the corporation maintaining them.
  • Limited common elements are exclusively yours to use but may be the corporation's to maintain.
  • Misunderstanding boundaries is a common source of owner-corporation disputes.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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