(05-22-2020, 07:47 PM)panamaniac Wrote: No, a condominium corp is governed by specific Provincial legislation. An HOA is governed only by the reciprocal agreement that created it.
I get the impression that most arrangements of this general nature in Ontario are condominiums. I hear a lot about problems with HOAs in the US, in situations where I would expect it to be a condominium if it were here.
There are multiple types of condominiums, in addition to “normal” condominiums:
Common Elements - there are no units, just common elements. The condominium is attached to a number of freehold parcels determined when it is registered.
Vacant Land - the units are essentially empty lots.
Leasehold - the land which is divided up by the condominium declaration is leased.
There are also phased condominiums, but it appears that provision is on its way out.
https://www.ontario.ca/laws/statute/98c19
Note: not a lawyer, just casual reading. Corrections welcome.
So my main point is, you could have private roads managed by a condominium servicing freehold properties — the private roads would be the common elements of a Common Elements corporation.