Condominium Tenants

Condominiums are a relatively new form of housing in Canada. Condominiums are not only the fastest growing segment of rental housing in Canada, they are also almost the only form of new rental housing currently being constructed.

There are approximately 725,000 to 750,000 registered condominiums in Ontario, with over 120,000 of those condominium units registered in Toronto alone since 2001. Estimates place the rate of tenancy in residential condominiums at between 20% and 25%, which means that there are probably 150,000 to 185,000 tenanted condominiums in the province.
 

Despite the growth in condominium housing, the law has not kept pace with many of the challenges that face tenants in condominiums. The FMTA is concerned about the slow erosion of tenant rights in this new area of rental housing.

The Residential Tenancies Act ensures that the owner of a condominium unit has responsibilities to their tenant however, the Condominium Act states that the “duty to control, manage and administer the common elements” is the exclusive domain of the condominium corporation. This means that while an individual owner can control their individual unit, they cannot control the common elements of the condominium complex directly.

The difficulty arises when a tenant wants to address issues with the common area of their building. The RTA considers only the individual unit owner and not the condominium administrator as the landlord. This creates a loophole whereby condominium tenants face real difficulty when they try to assert their rights against a condominium administrator.

Condominium tenants must have equal protection and access to justice as other forms of rental housing.

Click here for Frequently Asked Questions about Condominiums