Condominium

The Condominium Act recognizes 5 different freehold types of Condominiums:

Standard Condominium

• Standard Condominiums consist of both units and common elements (portions of the condo are shared with all the owners).

Phased Condominium

• A Condominium Plan that is developed in phases, additional units and common elements can be added over a 10 year period.

Common Element Condominium

• Only consists of the common element (e.g. roadway and parking) with no units. The properties served by the common element do not appear on the condominium plan as units, but are referred to as Parcel of tied lands (POTL) which are not part of the condominium property.

Vacant Land Condominium

• Similar to a plan of subdivision, no buildings are constructed on each lot on this plan. The lands are simply identified as a unit or a common element. After registration of this type of condominium plan, the owner may decide what to building on each of those “units”.

Leasehold Condominium

• Although the structure would typically look like a standard condominium, this type of condominium is leased out to tenants. The tenants would rent out the units and common elements for a fixed number of years. Leasehold condominiums are a revenue-generating method for developers who want to retain ownership of their properties.

A Draft Plan of Condominium is required when you are proposing to portion of the lands or building that is shared with all the Owners or the plan requires new private road. If you are unclear if you require a Plan of Condominium, please speak with Planning staff or a local private planning consultant for more guidance.

According to the Planning Act, Ontario Regulation 544/06 – section 7 (1) only vacant land condominiums require a public meeting.

When you apply for a Draft Plan of Condominium application, you must have your proposed subdivision reviewed by the Development Review Committee. The more information provided; the less likely delays will occur in the review.

Staff must review your application within 30 days of receiving it, to determine if the application is complete or incomplete. If there is failure to do so, you can contact the Local Planning Appeal Tribunal (LPAT) for a determination if the application is complete. The applicant has 30 days to make a motion to the LPAT for a determination on the matter. The LPAT's decision is final.

The proposed Draft Plan of Condominium is circulated to both internal department and external agencies such as York Region and Lake Simcoe Region Conservation Authority for review.

If a public planning meeting is required, a public meeting is scheduled to introduce the proposed application. Once Planning staff have enough information available to make a recommendation, a recommendation report to taken to Council for their consideration. If Town Council refuses or fails to consider your application within 210 days (approximately 7 months) after the requested information and material is submitted, you may bring the proposed application to the LPAT for a decision.

If approved, there is a 20-day period which a party can appeal Council's approval to LPAT.