A condominium in Toronto, ON, has a declaration that states parking spaces are common elements. However, based on the condominium corporation's historical practice, certain parking spaces have been exclusively used by specific unit owners for years. What is the most accurate classification of these parking spaces under the Ontario Condominium Act, 1998?

Question: A condominium in Toronto, ON, has a declaration that states parking spaces are common elements. However, based on the condominium corporation's historical practice, certain parking spaces have been exclusively used by specific unit owners for years. What is the most accurate classification of these parking spaces under the Ontario Condominium Act, 1998?

Answer options:

• Common Element ✅ Exclusive Use Common Element
• Unit Element
• Shared Facility

Correct answer: Exclusive Use Common Element

Explanation: Even if designated as common elements in the declaration, parking spaces that are for the exclusive use of one or more units fall under the definition of exclusive use common elements, as per the Ontario Condominium Act, 1998.