Shared facilities, mutual use and/or reciprocal arrangements pertain to positions where multiple condominium corporations, or condominium corporation(s) and any person (e.g. the declarant), agree to share and jointly manage certain amenities or services. This can include parking lots, recreational areas, or maintenance tasks. These arrangements can lead to cost saving and more efficient resource utilization.

All condominiums have by-laws and/or agreements that outline the costs of sharing areas, which should be in accordance with the Condominium Act, 1998 (the “Act”). Problems may arise when a Shared Facilities Agreement does not exist, if an existing agreement is not deemed fair, or if there are different objectives on how facilities should be managed, maintained, and/or paid for.

Establishing a Shared Facilities Agreement (also known as Mutual Use or Cost-Sharing Agreement) is an effective way of determining who is responsible for the repair and maintenance of these spaces, how they are to be governed, and how to resolve any disputes that may arise. A Shared Facilities Agreement can generally include easements, other rights of access, and/or particulars pertaining to the sharing costs amongst the parties.

Pulver on Condos can help navigate these arrangements by offering guidance on drafting clear agreements, ensuring compliance with legal requirements, and resolving any potential disputes that may arise between participating parties. Please feel free to reach out if you have any questions or how we can be of assistance.