As I mentioned in my previous post, the most common question that I’m asked about shared facilities agreements is how to terminate them. The reason? Many (if not all) condominiums have disputes related to their shared facilities agreements. Sometimes the problem is the agreement itself. It is difficult to read, has confusing language, or contains inconsistent provisions. Sometimes one or more of the parties refuses to participate in decisions or pay their fair share. Sometimes the agreement is ignored by the parties completely; sometimes they don’t even know it exists!
It is no wonder disputes arise: the Condominium Act, 1998, does not require shared facilities agreements to be fair. As long as the agreement and terms are properly disclosed to the parties it will be enforceable.