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Parking & storage provisions and agreements

Your first step should always be to check what your governing documents say so you can determine what is allowed in your community. Provisions on parking and storage are most likely found in the declaration or rules.

 

What does the Condo Act say?

Section 117 (2) prohibits anyone from allowing or carrying on with an nuisance.

Section 119 (1) requires all to comply with the Act and the condo’s governing documents.

Section 17 (3) requires corporations to enforce the condo’s governing documents.


Shared facilities

Sometimes parking is part of a shared facility, which is an area that two or more condo corporations will have access to and responsibility for. You should also review any shared facilities agreement if the parking or storage issue happened in a shared facility.


Necessary repairs

Poor maintenance of the condo can also lead to parking or storage issues, such as a person being unable to use their parking or storage spaces because of leaks or uneven paving. Generally, condo corporations are responsible for repairing common elements, but the governing documents will outline the responsibilities for each specific situation.


Addressing parking and storage issues

Condo boards or owners may take legal action against residents that contravene the provisions in the condo corporation’s governing documents that govern parking or storage, including by filing an application with the Condominium Authority Tribunal.

Owners can also take action against a corporation that is either causing a parking or storage issue, or is not taking adequate steps to address a parking or storage issue caused by other residents.

Only owners and condo corporations can file cases with the Tribunal. Tenants or other non-owner occupants should contact the unit owner if they have a parking or storage issue.

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