Real Estate

APS (Form 101) - Section 7 Condo Common Expenses Incorrect (AC + Heat not included)

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  • Sep 26th, 2020 12:16 am
Newbie
Jun 26, 2013
71 posts
32 upvotes

APS (Form 101) - Section 7 Condo Common Expenses Incorrect (AC + Heat not included)

Purchased a condo and closing is a month away.

The signed offer summary in Section 7 stated "A/C, Gas and Comment Elements" included in the monthly condo maintenance fees ($~1000)

However, I just found out the AC + Gas is not included as part of the maintenance fees. Furnace rental costs is included but usage is not.

What building does not include AC + Gas in monthly fees at that price point? Any thoughts on if other buildings don't include AC + Heat in monthly condo fees as I am surprised at this recent fact. Really wish this was known upfront as these additional fees to put on top of the condo fees make this deal not so great anymore.

Any thoughts would be appreciated.
Last edited by givemetheloot on Sep 24th, 2020 8:04 am, edited 3 times in total.
8 replies
Deal Addict
Aug 19, 2006
2176 posts
407 upvotes
Mississauga
Is it a central AC ? Sometimes the Heat/AC pump feeds off of your unit's electricity circuit.
Newbie
Jun 26, 2013
71 posts
32 upvotes
Correct. It is central AC and the AC and heat are charged by usage.
Deal Fanatic
Jul 3, 2011
6517 posts
3798 upvotes
Thornhill
givemetheloot wrote: Purchased a condo and closing is a month away.

The signed offer summary in Section 7 stated "A/C, Gas and Comment Elements" included in the monthly condo maintenance fees ($~1000)

However, I just found out the AC + Gas is not included as part of the maintenance fees.

What building does not include AC + Gas in monthly fees at that price point? Any thoughts on if other buildings don't include AC + Heat in monthly condo fees as I am surprised at this recent fact. Really wish this was known upfront as these additional fees to put on top of the condo fees make this deal not so great anymore.

Any thoughts would be appreciated.
Are you certain that was on form 801?
ave
Many buildings exclude utilities from maintenance fees. While there is bolted for one master reading and bill to to the condominium, each unit is separately metered where the building applies their overall cost proportionately,

TriDel buildings for example, are well known for this type of system.
Deal Fanatic
Jul 3, 2011
6517 posts
3798 upvotes
Thornhill
givemetheloot wrote: Purchased a condo and closing is a month away.

The signed offer summary in Section 7 stated "A/C, Gas and Comment Elements" included in the monthly condo maintenance fees ($~1000)

However, I just found out the AC + Gas is not included as part of the maintenance fees.

What building does not include AC + Gas in monthly fees at that price point? Any thoughts on if other buildings don't include AC + Heat in monthly condo fees as I am surprised at this recent fact. Really wish this was known upfront as these additional fees to put on top of the condo fees make this deal not so great anymore.

Any thoughts would be appreciated.
Are you certain that was on form 801?

Many buildings exclude utilities from maintenance fees. While there is bolted for one master reading and bill to to the condominium, each unit is separately metered where the building applies their overall cost proportionately,

TriDel buildings for example, are well known for this type of system.
Sr. Member
May 3, 2013
760 posts
475 upvotes
Toronto
Form 801 is not a form the lawyer would be concerned with (nor AFAIK, a legal document). You are probably referring to a pdf file where the Form 801 is the first page followed by the actual Agreement of Purchase.

$1000/mth condo fees is relative, for a studio of 400/sqft, it's ridiculously high. For a 3 bedroom 2000sqft condo, it's cheap. Regardless, one can't assume from the condo fee's pricy-ness what utilities are included.

Ideally, there was a status review condition where the declaration would be part of that document, and in that package, there would be forms to indicating which utilities you have to sign up for.

If this is a deal breaker, consult with your lawyer. You should be able to back out of the agreement because the seller cannot deliver on that "feature".
Newbie
Jun 26, 2013
71 posts
32 upvotes
You are correct: It is on the APS (Form 101) Section 7 where it states it. My apologies.

The $1050/month is for a ~1275 place.. There is a furnace in the unit (the rental is included in the maintenance fees), but usage of furnace will be via Enbridge bill. Not sure what that means, but sounds like when I use my AC/heat in my unit, I will be billed so that adds another $150-200 to my monthly costs.

If I had known the monthly costs would be ~$1200 (vs $1000), + mortgage, I would have thought twice about acquiring the property. I know not much of diff, but I convinced myself to the $1000 per month, but if it had been $1200 I would not have purchased.
Newbie
Jun 26, 2013
71 posts
32 upvotes
Can one back out of the deal if there is misrepresentation in the APS (i.e Common Expenses section stated AC/Heat is included but in reality it is not). Closing is coming up very soon.

I understand this is a lawyer question, but just seeing if anyone else has experienced this in the past.
Jr. Member
User avatar
Sep 5, 2018
199 posts
349 upvotes
Talk to your lawyer ASAP. It might be possible but you would have to get the issue in writing, sent to the sellers lawyer and have the sellers sign a mutual release. They might not agree to it. At which point you most likely have to take the property unless you want to pay thousands in legal fees to fight it some how. There are ontario cases where the buyer has won vs the seller for things being left out of the APS that required monthly billing (like alarm systems). The seller in that case had to pay all costs. In your case you do have some merit but it all depends on the wording, the sellers compliance and your lawyers advice.
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