By David Lu
Given Lowertown’s proximity to attractions such as the ByWard market, Parliament Hill and downtown Ottawa in general, unauthorized parking at condominiums is a concern. Some of the most common problems involve residents parking in the visitor parking spaces and owners renting out their parking spaces to non-residents, particularly as the cost of parking in downtown Ottawa continue to increase.
As a bit of a background, there are two types of parking arrangements that we usually see in condominiums: parking units and common-elements parking spaces (which are sometimes called exclusive-use parking). The main difference between the two is that parking units are legally owned by the owner of the space. This means that the owner can sell or rent the parking space separately from their residential unit, subject to any restrictions in the condominium’s governing documents.
All ommon-element, exclusive-use parking spaces are legally part of the condominium’s common elements and are accordingly not owned by the users of the spaces. Instead, the parking spaces may be specifically allocated to a particular unit or ownerin the Declaration or, in some cases, by the Board of Directors. In many cases, this means a residential-unit owner has the exclusive right to use a specific space or spaces but does not hold legal title to the space.
Condominium corporations regulate the use of its parking spaces through the governing documents (Declaration, By-Laws, Rules etc.). So, what does one do when unauthorized parking occurs?
The first step is to assess the type of parking problem that you are dealing with. If the infringement is temporary (e.g. someone needed to park quickly in someone else’s spot because of an emergency) then there may not be a need to conduct any follow-up action.
However, if the infringement is ongoing, then we typically recommend that the condominium first try to communicate with the owner of the parked vehicle to see if there is an explanation for the parking infringement. Sometimes the non-compliance may be due to a medical or other human rights related reason, which the Corporation may have an obligation to work to accommodate.
If, however, there appears to be no human-rights reason for the parking infringement, and if the owner of the vehicle doesn’t voluntarily comply following the condominium corporation’s initial attempts to communicate its concerns, more severe enforcement steps may need to be taken. Such steps could include: a letter from the condominium lawyer demanding that the parking infringement cease, a parking ticket issued to the vehicle, or a tow-truck being called to tow the vehicle that is parked without authorization. The viability and appropriateness of any of these options depends on the specific circumstances in each situation. Therefore, it would be best to check with a lawyer before deciding on the best course.
David Lu is an Associate at Davidson Houle Allen LLP, a boutique Condominium Law firm serving Eastern Ontario.