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Ask the Lawyer: Is the door handle on the exterior door a common element? Can I change the key?

A Reader Asks: “I live in a condominium building in Toronto, Ontario. I have one door lock which is on the master key system. Is the handle on an individual unit’s exterior door a “common element?” Neither the Corporation’s Declaration nor the Act provides a clear definition of common elements (“the common elements shall have the meaning as set out in the Act” and ““common elements” means all the property except the units”, respectively).”

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Richard Answers: The owner should review Schedule “C” of the Declaration. That will contain a detailed description as to what is included in the Unit. It will be specific as to whether the entire door or a portion of the door forms part of the unit.  

 

RICHARD P. HOFFMAN

Richard Hoffman has been a member of DelZotto, Zorzi LLP since 1992, practicing in the area of condominium law. He has represented condominium corporations and unit owners through all stages of the litigation process and at all levels of Ontario Courts (Superior Court of Justice, Divisional Court and Court of Appeal). He is well experienced in handling all types of condominium litigation, from applications to enforcing compliance with declarations, by-laws or rules, to handling multi-million dollar claims for budget misrepresentation. He has also advised condominium corporations of various sizes on all facets of condominium law.

Richard is presently a member of the Canadian Condominium Institute and regularly lectures on contract and agency law in the condominium context at Humber College, as well, he is a regular contributor to various condominium magazines and has contributed to the condominium section of the Toronto Star.

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