Condo Status Certificates: Checking Window Responsibility

The question comes up constantly. A condo owner in North York has foggy sealed units on the 14th floor. They call us for a quote. We ask: does the corporation handle window replacement, or do you?

Half the time, they do not know.

This is the kind of thing that should be settled before you buy the unit. And the document that settles it is the status certificate.

What a Status Certificate Contains

A status certificate is a legal snapshot of a condominium corporation's financial and legal health at a specific point in time. Under the Ontario Condominium Act, 1998, the corporation must provide one to any requesting owner, purchaser, or mortgagee within 10 days of receiving the request and $100 fee.

The certificate includes:

• The Declaration — the founding document that defines unit boundaries, common elements, and exclusive-use common elements
• The By-laws — rules governing the corporation's operations
• The Reserve Fund Study — an engineering assessment of the building's components, their remaining useful life, and the funding plan for replacement
• The Most Recent Budget — showing monthly common expense fees and how the money is allocated
• Any Special Assessments — one-time charges to owners for major projects not covered by the reserve fund
• Outstanding Litigation — lawsuits involving the corporation
• Section 98 Agreements — registered modifications to common elements made by individual owners

For window responsibility, you need to look at the declaration, the reserve fund study, and any Section 98 agreements. The rest matters too — but those three documents answer the window question.

Common Elements vs. Unit Boundaries

The Default Rule

Under the Ontario Condominium Act, everything that is not explicitly defined as part of the "unit" is a common element. In most condo declarations, the unit boundary is defined as the interior surface of the drywall and the upper surface of the subfloor. Everything beyond that — the concrete structure, exterior walls, roof, and windows — is a common element.

This means:

• The corporation owns the windows
• The corporation is responsible for repair and replacement (Section 90)
• The corporation pays for replacement from the reserve fund
• The unit owner cannot modify or replace the windows without a Section 98 agreement

The Exclusive-Use Twist

Some declarations designate windows as exclusive-use common elements. This means the corporation still owns them, but the individual unit owner has exclusive use of them — and critically, the declaration can shift the maintenance and repair cost to the unit owner.

This is legal under Section 91 of the Condominium Act, which allows the declaration to modify the default repair and maintenance obligations.

If your condo declaration designates windows as exclusive-use common elements with owner maintenance responsibility, you — not the corporation — pay for replacement. This can be a $5,000–$15,000 surprise if you did not read the status certificate before buying.

How to Tell

Open the declaration (included in the status certificate) and search for:

• "Windows" — any reference to window responsibility
• "Exclusive use common elements" — the list of what falls into this category
• "Schedule" — many declarations have a schedule that specifically itemizes exclusive-use common elements
• Section references to maintenance obligations — who maintains what

If windows are listed as common elements with no exclusive-use designation, the corporation pays. If they are exclusive-use with owner maintenance, you pay.

The Reserve Fund Study: Timing and Money

Even if the corporation is responsible for windows, the timing and funding of replacement matters to you as a buyer or current owner.

What to Look For

1. Window replacement timeline. The reserve fund study lists every building component and its expected replacement date. Windows in high-rise condos typically have a 20–30 year lifecycle. If the building is 22 years old and windows are scheduled for replacement in year 25, you are looking at 3 years.

2. Allocated funding. The study shows how much money is earmarked for window replacement. A 200-unit tower might have $2–$5 million budgeted for a full window replacement program. Check whether the reserve fund's current balance and contribution schedule are on track to cover it.

3. Underfunding. If the reserve fund is underfunded — the current balance and projected contributions will not cover the scheduled replacements — expect one of two outcomes: a fee increase or a special assessment. Both cost you money.

A reserve fund that is 25% or more underfunded relative to the study's recommended balance is a red flag. Window replacement projects in GTA high-rises routinely generate special assessments of $5,000–$20,000 per unit when the fund falls short.

The Special Assessment Risk

A special assessment is a one-time charge levied on all unit owners to cover a project that the reserve fund cannot finance. Window replacement is one of the most common triggers for special assessments in GTA condos because:

• The original reserve fund study underestimated the cost
• The corporation deferred contributions to keep monthly fees low
• Material and labour costs increased beyond projections (a common issue in 2024–2026)

The status certificate will disclose any pending or planned special assessments. If a window replacement project is imminent and the reserve is short, that special assessment is coming — whether the certificate mentions it or not.

Section 98 Agreements: When Owners Replace Their Own

If the corporation is not replacing windows on your timeline — maybe the building-wide project is 8 years away and your windows are fogged now — you can pursue a Section 98 agreement to replace your own windows.

The Process

1. Request board approval. Submit a written request to the board describing the proposed modification (window replacement), including specifications, contractor details, and compliance with the building's architectural guidelines.

2. Board resolution. The board must approve the modification by formal resolution. They can impose conditions — matching the existing window profile, using an approved contractor, maintaining specific performance specs.

3. Sign the agreement. A Section 98 agreement is drafted (usually by the corporation's lawyer) and signed by both parties. It specifies:

   • Who owns the modification (usually the owner)
   • Who maintains and repairs it going forward (usually the owner)
   • Who insures it (usually the owner's unit insurance)
   • Restoration obligations if the owner sells or the building does a future window program

4. Register on title. The agreement is registered against the unit's title at the Land Registry Office. This means it follows the unit — if you sell, the buyer inherits the obligations.

Cost

The window replacement itself costs whatever it costs (typically $800–$2,000 per window for standard condo units). The Section 98 agreement process adds $1,500–$3,000 in legal fees for the corporation's lawyer — usually charged back to the requesting owner.

For details on the condo window replacement process itself, see our guide on replacing condo windows in Toronto.

What Buyers Should Do

Before Making an Offer

Order the status certificate. Review it yourself for the window-specific items listed above. Then have a condo lawyer review the full document — they catch issues you will miss.

Red Flags

• Windows scheduled for replacement within 5 years + reserve fund underfunded by 20%+ = special assessment likely
• Windows designated as exclusive-use common elements with owner maintenance responsibility = you pay
• Recent Section 98 agreements for window replacements by individual owners = the corporation is not planning a building-wide program
• No window replacement line item in the reserve fund study at all = either the study is outdated or the corporation is ignoring the issue

Green Flags

• Windows recently replaced (within the last 5 years) with documentation in the reserve fund study
• Reserve fund fully funded or overfunded relative to the study
• Windows clearly listed as common elements with corporation maintenance responsibility

What Current Owners Should Do

1. Read your declaration. Know whether windows are common elements or exclusive-use. If you have owned for years and never checked, now is the time.
2. Attend the AGM. The annual general meeting is where the reserve fund study and capital plan are discussed. Ask about the window replacement timeline.
3. Budget for the possibility. Even if the corporation pays, special assessments can come with short notice. Having $5,000–$10,000 accessible is prudent for any GTA condo owner.

For residential window replacement in condos — whether corporation-funded or owner-initiated — our team handles the full process including board coordination and Section 98 documentation.

Frequently Asked Questions

Are condo windows a common element or unit element?

In most Ontario condominiums, windows are a common element owned and maintained by the corporation. However, some declarations designate windows as exclusive-use common elements, which can shift maintenance costs to unit owners while the corporation retains ownership.

Who pays for window replacement in an Ontario condo?

If windows are common elements, the corporation pays from the reserve fund. If the declaration designates them as exclusive-use common elements with owner maintenance responsibility, you may pay. Check the declaration and the most recent reserve fund study in the status certificate.

What is a Section 98 agreement for condo windows?

A Section 98 agreement under the Ontario Condominium Act allows a unit owner to modify common elements — including replacing windows — with board approval. The agreement, registered on title, specifies who maintains, repairs, and insures the modification going forward.

How much does a condo status certificate cost?

A condo corporation can charge up to $100 including tax for a status certificate and must deliver it within 10 days of receiving the request and payment. You can order one through the property manager or through online services.

What should I look for in the reserve fund study regarding windows?

Check when windows are scheduled for replacement, how much the reserve fund has allocated for the project, and whether the current fund balance is on track to cover it. If windows are due in 5 years but the fund is 40% underfunded, expect a special assessment.

---