If a home is a condominium unit, the owner is required to pay a monthly fee for the upkeep of the common elements. Common elements are the areas shared by residents, such as lobbies, parking garages, and recreational facilities such as pools and gyms. These spaces are looked after by the condominium corporation. Condominium projects can include high-rise buildings, low-rise buildings, townhouses, semi-detached homes and detached homes.
Generally, when you buy a new condominium, your statutory warranty covers both your unit (the home you purchase) and the common elements. Statutory warranty coverage for a unit will begin on the date you take possession of your home. Statutory warranty coverage for common elements takes effect when the condominium is registered as a corporation. The condominium corporation addresses any statutory warranty matters for the common elements.
There are, however, new types of condominiums available, and statutory warranty coverage is not the same for all types. For example, for "common elements condominiums" and "vacant land condominiums", there is no coverage for the common elements. See Other Dwellings: Not Covered or Special Considerations. You should check with your condominium lawyer if you are not sure about what the statutory warranty will cover.
If your condominium is not brand new, the statutory warranty coverage you receive may be limited. For example, if you purchase a unit in a building that has been registered for more than one year, parts of the common elements coverage may have expired. There are other reasons why your condominium may have limited warranty coverage or no coverage - please see Other Dwellings: Not Covered or Special Considerations.
However, if you purchase a unit from a previous owner, and the unit was originally covered under warranty, you are entitled to the remaining warranty coverage on that unit and on the common elements.