Buying New Construction Condo

Buyers must understand condominiums before buying!  "Condos are a complicated purchase, first you must learn about the new construction world of condos and what is expected from the day of signing to registration day" says Linda Pinizzotto, Owner of Linda Pinizzotto Real Estate Group a Branch of RE/MAX Realty Enterprises Inc and and Founder | President of COA the Condo Owners Association.   It's time to invest in Real Estate but make sure you understand condominiums and work with a specialist.  

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Buying New vs Resale Condominiums

Buying a New Condominium

If you are purchasing a new construction condominium; take the time to review a number of concerns.

If you are enlisting the services of a Registered Real Estate Representative, you must enter into these development sites with your Sales Representative right from the start otherwise they cannot assist you.   

New Construction Condominiums are very confusing compared to the Resale Market.  The Sales Representative at the New Condominium Sales Office is hired by and represents the Builder.  They also may not be a registered Real Estate Salesperson.  It is very important to have your own representative.  

We highly recommended that all New Condominium Buyers enlist the services of a Residential Resale Real Estate Sales Representative who has a vast amount of knowledge relating to New Construction Condominiums, Condo Documents, By-Laws and Rules and Regulations of a Condominium prior to entering into any Model Site.   A licensed professional should have all of the knowledge listed below. 

Considerations on New Construction:

1. Review reputation of the Builder
2. Determine the launch date of the site - if there has been any price adjustments
3. Ask if there is any additional Phases of Sister Buildings to this Phase of construction
4. Ask if the 2nd Phase is a different Condominium Corporation
5. Ask if there is any entity of Share Facilities relating to the Building ie. Recreation Centre
6. Ask if the suites are Residential, Live-work or Commercial Usage /or both
7. Review all floor plans for wasted hallway space in relation to square footage of unit
8. Layout and Design, both living space, balcony or terrace
9. Review the location of the Building and the direction the Unit is facing
10. Note any vacant land or parking lots - Check with the City for Plan of the Area
11. Review the list of inclusions and note those with additional expenses
12. Calculate the Price per square foot of the Unit as per builder plans
13. Ask Sales Representative to explain square foot calculation inside wall
14. Confirm the price per square foot to determine the Maintenance Fees
15. Review the proximity of the elevators and garbage chute
16. Check if the building has energy features and tri-sector garbage chutes
17. Check if the building has sub metering for heat and/or hydro
18. Ask about finishings within the unit - ceiling height, floor coverings,
19. Obtain a list of Inclusions  (ie appliances)
20. Check light fixtures outlets on the plans (include those that are capped in purchase)
21. Ask about the amounts of keys, fobs and mail box keys provided with purchase
22. Ask if there are guest suites and if the superintendent suite is owned by the Corporation
23. Is there a rooftop patio and/or swimming pool - sundeck or anyting of concern
24. Note swimming pools on rooftop could be very expensive to fix - long term  

You will be provided an Agreement of Purchase and Sale

1. Note the payment schedule of your installments
2. Note the projected occupancy date and if there are any restrictions
3. Have the Sales Representative explain the difference between Occupancy and Registration
4. Ask if there are any conditions or preventions of Assignments
5. Have the Sales Representative explain details on Assignments and/or Rental prior to Registration
6. Ask about option to purchase parking and/or a locker
7. Learn about the Tarion Warranty Corporation
8. Understand Ontario New Home Warranties Plan Act  
9. Cancellation - 10 days is known as a "cooling off period"

Have your Solicitor Review during 10 Day cooling off period

1. You will be provided with the Condo Documents of the Building  (approx 150-200 pages)
2. You may also receive a package of By-Laws and/or Rules and Regulations
3. Have your Lawyer Review these Documents
4. Find out if there is any restrictions in the Documents relating to  ie. Pets, Barbecues
5. Check Short Term Rentals and if they are time sensitive or unlimited
6. Check if the Corporation includes any affordable Housing units
7. Check if there are any leasing equipment  ie. boilers, communication room etc.
8. Check if the full Parking Garage is Owned by the Corporation  
9. Your rights when buying a condo

The New Home Warranty Act

The New Home Warranty Act provides Consumer Protection is also available in other Provinces in Canada.   New Condo Buyers must familiarize themselves with the New Home Warranty Plans Act when they are purchasing new construction homes.

All new build condominiums must be registered with Tarion Warranty Corporation, a private corporation established in 1976 to protect the rights of new home buyers and regulate new home builders. Generally the cost of the registration is charged back to the Buyer on closing of the purchase.

Tarion administers the Ontario New Home Warranties Plan Act, outlining warranty protection that all new home purchasers are entitled to in Ontario.  Remember the Condominium Building is also covered under Tarion Warranty Corporation and the Ontario New Home Warranties Plan Act, RSO 1990, c0.31   The links below may assist you.

• Tarion Warranty Corporation   
• Tarion - New Home Buyers
• New Home Warranty Act         
• CanLii - Special Notes on Act

How to Apply for a COA CHAPTER

Rules and Regulations for Application for Chapters

Select a City or Region in the Province of Ontario.  Each City or Region is divided into Districts to fall in line with the local Politiical structure.   This platform provides strength and political insight into the community and allows the local District of the Chapter of the Condo Owners Association an opportunity to work within the 3 levels of Government to include the local Councillor, MPP and MP.

There are a few steps to qualify with a COA Region and another process to determine eligibibility for the growth of that City or Regions with the local Districts.

Consent and Authorization

The following Application must be submitted to COA Ontario

a) A formal letter of intent to apply for a COA Chapter within Ontario under the COA Ontario umbrella

b) Submit a description of your full understanding of COA Ontario, the local Chapter and the associated geographic area within the District of application

c)  Submit the names of the committee organizing the application to include not less then three condo owners in the district of application with at least one condo owner a member of a Board of Directors of a Condo Corporation owning a condo within the geographically permimeters of the Local Chapter Condo Corporation.  Each application must contain a maximum of five registered condo owners owning a Condo Unit in the Chapter of application and of these (three) applicants must be members of a Board of Directors in the Chapter Location at the time of application.

d)  All members must be prepared to adopt and abide by the Condo Owners Association Ontario and Condo Owners Association Local Chapters Code of Ethics for Directors.  A Copy of the COA Code is attached and outlined as Schedule "A" and all organizing committee must sign their acceptance.

e) Upon review and approval by COA Ontario, permission will be granted to process the application for the Local Chapter approval.

f)  Upon review and approval by Local Chapter, permission will be granted to process application for certification.

g)  At this time, the new Committee representing the local Districts of the new Chapter will be made available for the building of Districts.

h)  The New Chapter will have the name of the "Condo Owners Association under the applicable Chapter and in additional Chapter-Districts as they local districts grow. Approval is provided to allow the usage of the COA logo for each membered structure for COA Chapters and Districts.

g)  COA Ontario will appoint a COA Director to work with the newly appointed Chapter as a mentor in the planning and operations.  It will also be necessary to create a Mentor System for the new District with the Local Associated Chapter.

CHAPTER REQUIREMENTS

a)  The local Chapter will require active participation of all Board Members to create a base of Districts for membership within Local areas as defined by the political ward

b)  The governing Chapter body will maintained of all registered Condo Corporations

c)  Each Local Chapter shall maintain a database of Registered Condo Corporations within their Districts and provide updating to COA Ontario

d)  All COA Ontario and Local Chapters and Districts are not accepted Individual Condo Owners registration at this time

e)  All Condo Owners of Registered Condo Corporations will be eligible to receive all COA Discounts (as advertised and on websites)

f)  The Local Chapter and all associated District(s) are required to establish good business relationships with local retails and commercial outlets

DISTRICT REQUIREMENTS

a)  The local District will require active participation of all Board Members to create a membership of local condominium corporations within their geographic District.

b)  A list will be maintained of all registered Condo Corporations and provided to governing Local Chapter and governing body of COA Ontario.

c)  Each Local District shall maintain a database of Registered Condo Corporations within their District and provide this list to their Local Chapter at the time of registration.

d)  Local Districts and Chapters are not accepted Individual Condo Owners registration at this time

e)  All Condo Owners of Registered Condo Corporations will be eligible to receive all COA Discounts (as advertised and on websites)

f)  The Local District is required to establish good business relationships with local retails and commercial outlets

Please proceed to:   "Getting Started" for all details

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