The group`s new board of directors quickly began to correct all deficiencies of the former Board of Directors in order to enter into Section 98 agreements with various owners. These retroactive “Blanket” agreements were all identical, with the exception of the Nogueras version, which required the Nogueras to get rid of the opening between units before they could sell it. Section 98 of the Condominium Act, 1998 (the “Law”) provides that owners cannot complete, modify or improve the common elements (“amendment”) without obtaining the company`s agreement and without entering into an agreement that distributes the costs of the change between the owner and the company, as well as their respective obligations and responsibilities with respect to repair after the injury , the maintenance and assurance of the alteration. The law also provides that the agreements under Section 98 must be registered on an untitled basis so that the owner`s obligations with respect to the amendment are mandatory for future owners of the unit. Angela Del Giudice is a condominium administrator with the Condominium Management Group in Ottawa. After holding senior positions in property management companies throughout Eastern Ontario, Angela took over the residential and commercial business during her 25-year career. Through the management of a diversified portfolio of real estate, she has acquired valuable knowledge and experience in the field of real estate management and has built her success and reputation through the consistent provision of a higher level of service for her clients. Condogroup.ca the preparation, execution and registration of a Section 98 agreement can be costly to a unit owner, and the unit owner is not always happy to have to pay to register the change on the title, and often do not understand why this needs to be done. So, if the group`s version was upheld by the Court of Justice, why did he have to pay damages? There have been some differences in this one, and some companies no longer contain a list of changes that they will accept and have instead added an “authorization” section that describes the authorization. The contract must then be registered on the ownership of the owner`s unit and once this has been done, the agreement will become mandatory not only for the current owner of the unit, but also for all future owners of the unit. The Section 98 agreement contains relevant information on improvement or modification. This includes maintenance, insurance and repairs of improvement and it is determined to whom the improvement actually belongs.
The Section 98 agreement allows unit owners to modify common areas for the benefit of the unit owner, while protecting the interests of Condominium Corporation and other owners. As a backdrop to the facts of this case, we must keep Section 98 of the Condo Act in mind. This section requires condominiums to enter into an agreement on any complement, modification or improvement of common elements and to register on securities.