Living in a condo often means that space is limited. Consequently, issues about where and how owners and occupants can park their vehicles or store their property are common in condo communities.
empty covered parking
Parking and storage issues in condo corporations can sometimes be complex. To give you a sense of the variety of approaches, here are some examples of how parking and storage might be handled in Ontario’s condo corporations:
- There may be on-site parking or storage spaces that are condo units and are owned and used by individual unit owners.
- The condo corporation may own the parking and storage facilities, and may lease, rent or loan them out to owners and occupants.
- There might be storage or parking facilities that are part of a separate shared facility that is not technically part of the condo corporation
- The condo corporation may not have storage or parking facilities.
The condo corporation’s declaration, by-laws, rules (collectively called “the governing documents”) will almost always set out how parking and storage are handled in the condo community.
Parking and storage disputes often relate to what these documents say, what they mean and how they are enforced.
Examples of common parking and storage issues include:
- An owner or occupant is using their parking space to store a vehicle that is too big for the spot.
- An owner or occupant is storing things other than a vehicle in their parking space, which is against the condo corporation’s rules.
- An owner or occupant is using their storage locker to store explosive, flammable, or dangerous materials.
- An owner or occupant is storing their personal belongings on the corporation’s common elements (like a balcony or a terrace), which is against the condo corporation’s rules.
- An owner or occupant needs to change parking spaces because they have a disability.
How do my condo corporation’s governing documents apply?
Every condo owner and occupant is required to comply with the Condominium Act, 1998 (the Condo Act), and with the condo corporation’s governing documents (i.e. its declaration, by-laws, and rules).
If you are having an issue with parking or storage, or if you received a complaint about how you are parking or storing your property, you should start by reviewing your condo corporation’s governing documents. If your condo corporation has provisions in its governing documents relating to parking and storage, they are most likely to be found in the declaration or in the rules.
By reviewing these documents, you can determine what is and isn’t allowed in your condo corporation when it comes to parking and storage. For example, your condo corporation’s governing documents may contain provisions that:
- Designate specific uses for specific storage or parking spaces.
- E.g. designated storage lockers, visitor parking, or parking spaces for persons with disabilities.
- Limit the type or size of objects or vehicle that can be stored or parked.
- E.g. a condo corporation might prohibit storage of flammable materials, or might require all vehicles stored in the parking spaces to be registered and in good working order.
- Regulate how, and when occupants and guests can use the storage facilities or parking spaces
- E.g. a condo corporation might not allow guests to park or store items in the corporation’s facilities.
- Restrict what owners and occupants can do in the storage or parking facilities.
- For example. there may be a rule against using the storage or parking facilities for commercial activity or repair work
Don’t have a copy of your condo corporation’s declaration, by-laws or rules?
You can request a copy from your condo corporation using the mandatory Request for Records form, available on the CAO website
You will also find information about how parking and storage are handled in the condo corporation. Here are some common examples:
- Owners might own parking or storage spaces that are actually non-residential condo units under the condo corporation’s governing documents.
- The condo corporation may own the parking and storage facilities, and may lease, rent or loan them out to owners and occupants. This includes what are called “exclusive use common elements.”
- There might be storage or parking facilities that are part of a separate shared facility that is not technically part of the condo corporation
- The condo corporation may not have storage or parking facilities.
Depending on how parking and storage are handled, owners and occupants may have different rights and responsibilities. These rights and responsibilities will be set out in the condo corporation’s governing documents and/or in the shared facilities agreement (if the parking or storage is part of a shared facility), so it is important to read and understand them.
- If an owner owns their own parking or storage unit, then the condo corporation’s governing documents may:
- Limit to whom they can rent or sell their parking space or storage unit.
- Require owners to temporarily give up the use (but not the ownership) of the parking space or storage unit (e.g. if the corporation needs to provide a more accessible parking space to a person with a disability).
- Make owners responsible for some repairs, maintenance, or cleaning.
- If the condo corporation owns the parking or storage spaces, then the condo corporation’s governing documents may:
- Set out how the parking and storage spaces are leased, rented, or loaned out to owners and occupants, including the costs (if any).
- Limit the use of one or more parking or storage spaces to guests.
- Limit how long someone can park or store items in a space reserved for guests.
- If the parking and storage is part of a shared facility:
- You should review both your condo corporation’s governing documents, and a copy of the shared facilities agreement. You should also inquire about whether there are shared by-laws and rules that govern the shared facility. These documents usually contain important information about what is and is not allowed in the shared facilities.
A condo corporation’s governing documents are required to be consistent with the Condo Act. In addition, a condo corporation’s by-laws and rules must be consistent with the declaration and must be reasonable.
How does the Condo Act apply?
Under section 17 of the Condo Act, condo corporations are required to enforce compliance with the Condo Act, and with the condo corporation’s governing documents. If an owner or occupant does not comply, then another owner or the condo corporation may take legal action against them, including filing an application with the Condominium Authority Tribunal (CAT).
Under the Condo Act, all owners and occupants are required to take steps to prevent dangerous situations from occurring. This applies regardless of what your corporation’s governing documents say. If something you are doing or storing in a parking or storage space is likely to be a danger to others or to cause damage, you should stop immediately.
Repairs and Maintenance
Section 89 and 90 of the Condo Act states that the corporation must repair units and common elements after damage. However, the Condo Act allows for corporations to add provisions in the declaration that shift this obligation to the owners. If the declaration delegates the maintenance or repair obligation of the parking units to the owners, they would be responsible for meeting those obligations. For this reason, reviewing the declaration is key.