Replacing Condo Windows in Toronto: Board Approvals, Bylaws, and Section 98

The Condo Conundrum

Living in a high-rise at Liberty Village or a townhouse in North York offers maintenance-free living—until the windows fail. Drafts, condensation between the panes (seal failure), and broken mechanisms are common in Toronto's aging stock of 1990s and 2000s condos.

But fixing them is not simple. At Installix, we specialize in high-rise and townhouse glazing. We deal with Property Managers daily. This guide will walk you through the bureaucratic maze of replacing windows in a multi-unit residential building (MURB).

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1. Who Owns the Glass? (The Declaration Check)

Before you request a quote, you need to know who pays. This is defined in your building's Declaration and Standard Unit Bylaw.

Scenario A: Common Elements (The Corporation Pays)

• Definition: The windows are part of the exterior structural envelope.
• Who Pays: The Condo Corporation (via the Reserve Fund).
• Your Role: You must report the damage to the Property Manager. They will send their preferred contractor. You cannot hire your own.
• Typical In: High-rise towers (CityPlace, Yonge & Eglinton).

Scenario B: Exclusive Use Common Elements (You Pay, They Regulate)

• Definition: The window "serves only your unit" but is part of the common structure.
• Who Pays: You. But because it affects the building's look and waterproofing, the Corporation dictates what you can install.
• Typical In: Townhouse complexes, some older low-rise condos.

Scenario C: Part of the Unit (You Pay, You Decide*)

• Definition: The Declaration explicitly defines the window as part of the "Standard Unit" boundaries.
• Who Pays: You.
• Typical In: Heritage conversions, some unique loft spaces.
• Catch: You still need Board approval for "Uniformity" (exterior appearance).

The "Standard Unit" Bylaw: Even if you are responsible for the repair, check your building's "Standard Unit" definition. It defines exactly what is covered by the building's master insurance policy versus your own homeowner's insurance. If the window broke due to an "Insurable Event" (like a windstorm), the Corp's insurance might pay for it, less the deductible.

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2. The Legal Hurdle: Section 98 Agreements

If you fall into Scenario B (which most townhouse owners do), you are modifying a Common Element. Under the Ontario Condominium Act (1998), specifically Section 98, you cannot make this change without a written agreement.

What is a Section 98 Agreement?

It is a contract between you and the Condo Corporation that says:

1. Ownership: You acknowledge the improvement belongs to your unit.
2. Liability: You (and future owners) are forever responsible for the maintenance and repair of these new windows. If they leak and ruin the drywall downstairs, you pay, not the Corp.
3. Registration: The agreement is registered on the Title of your property. It costs legal fees (usually $500–$1,500) which you must pay.

Pro Tip: Ask your Property Manager if they have a "Blanket Section 98" template for windows. It saves legal fees.

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3. The Truth Table: Renovation Options

Most qualified contractors offer three levels of intervention. Here is the reality of what gets approved.

Method	Glass-Only (The "Loophole")	Retrofit (The Standard)	Full Frame (The Risk)
What Changes?	Just the sealed unit (IGU).	Glass + Sashes + Frame (Insert).	Everything (Brick-to-Brick).
Board Approval	Easy (Often "Maintenance").	Medium (Standard Section 98).	Hard / Impossible.
Waterproofing	Safe (Seal unchanged).	Safe (Old flange remains).	High Risk (Seal broken).
Cost	$	$	$$
Glass Area	Same as today.	Lose ~1.5" per side.	Gain ~0.5" per side.

4. The Technical Constraint: Retrofit vs. Full Frame

In a detached home, we usually recommend "Brick-to-Brick" (Full Frame) replacement. We rip everything out to the studs.

In a Condo, "Brick-to-Brick" is often BANNED. Why?

1. Waterproofing: The original window flange is tied into the building's vapor barrier and cladding (stucco/brick). Ripping it out risks breaking that seal.
2. Structural Integrity: In curtain wall buildings, the frames are structurally linked.

The Solution: Retrofit (The "Insert" Window)

We remove the glass and the operating sashes, but we leave the old frame in the wall.

• We install a new vinyl window inside the old aluminum frame.
• We cap the exterior with custom-bent aluminum to hide the old frame.
• Pros: Zero risk to building waterproofing; faster install; Board approved.
• Cons: You lose about 1.5 inches of glass area on all sides.

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4. The Board Approval Roadmap

Do not skip steps. The Board meets once a month. Missing a deadline means waiting another 30 days.

Step 1: The Preliminary Request

Email your Property Manager: "I have drafty windows. Can you confirm if these are Common Elements or my responsibility? If mine, please provide the specifications for replacement."

Step 2: The Quote & Specs

You call Installix. We come out (you must book visitor parking for us) and measure. We provide a quote that includes:

• Cross-Section Drawings: Showing the retrofit detail.
• Colour Match: We use "Commercial Brown," "Slate Grey," or "Iron Ore" foil wraps to match the exterior cladding 100%.
• Energy Ratings: Proof that the new windows meet High-Rise energy codes.

Step 3: The Submission Package

You submit our package to the Board. It must contain:

1. WSIB Clearance Certificate: Proof we are insured for injury.
2. Liability Insurance: We carry $5,000,000 liability (most condos require $2M or $5M).
3. Project Timeline: "Start Monday 9 AM, Finish Tuesday 5 PM."

Step 4: The Approval & Deposit

The Board reviews it. They might send it to the Building Engineer (at your cost). Once approved, you sign the Section 98 Agreement.

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5. Construction Day Logistics

Condo work is 50% construction and 50% logistics.

Elevator Booking

• The Service Elevator: We cannot bring windows up the passenger elevator. You must book the "Service Car."
• Timing: Most buildings only allow bookings M-F, 9 AM to 5 PM.
• Deposit: You usually need to leave a $500 damage cheque with the concierge.

Noise Bylaws vs. Condo Rules

Toronto City Bylaw allows noise from 7 AM. Your condo does NOT. Most condos strictly enforce 9 AM to 5 PM. No hammering before 9.

• Note: We use high-speed impact drivers. It is loud. Warn your neighbours.

Parking

We need a spot for our truck (height clearance 9ft). If your visitor parking is underground (6ft clearance), we need a street permit.

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6. Glass-Only Replacement (The "Loophole")

If your frames are in good shape but the glass is foggy (broken seals), you might bypass the heavy construction.

Glass-Only Replacement involves changing just the "Sealed Unit" (IGU).

• Logistics: Faster, quieter, cheaper.
• Approval: Often deemed "Repair" vs "Modification," so it might not need a Section 98 Agreement (Check with PM first).
• Process: We pop the beads, remove the old glass, and insert new Low-E glass into your existing frames.

For more on this, read our guide on Glass-Only Replacement.

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Summary Checklist for Owners

1. Check Declaration (Who pays?).
2. Get Specifications from PM (Colour/Style properties).
3. Call Installix for a Condo Window Quote.
4. Submit Package (Quote + WSIB + Insurance) to Board.
5. Sign Section 98 Agreement (if required).
6. Book Service Elevator + Parking.
7. Notify Neighbours.

Ready to start? We know the rules for Tridel, Daniels, and Concord Adex buildings. contact us at Installix Commercial Services to get your Board-Ready package today.