Article
June 02, 2009
Speaking of - June 2007 Issue 83
Parking and Condominiums
FOR MANY, BUYING A CONDO means trading vehicles for two-footed transportation because of its central location. But for countless others, having a car—and a place to park it—is an important consideration in the home hunt.
But just what are the condo owner’s rights when it comes to spots for stowing those prized wheels?
When a condo unit doesn’t come with private attached parking (say, in the case of condo owners lucky enough to score townhomes with their own garages), parking types generally fall under the following categories: titled, leased, or assigned.
A titled parking stall means an owner’s name is listed on the title. Owners then own the stall and, with some limitations, are free to use the space as they please. Many new condos offer at least one titled parking stall per unit as part of the purchase price, which can definitely be a huge selling feature when it’s time to put that condo on the market.
“With titled parking you would possibly have the right to sell it, but usually there are some rules in the bylaws that prevent you from selling to someone without an interest in the condominium,” says Don Davies, president of Condominium First Management Services Ltd. In other words, it’s not likely a condo board will allow condo owners to sell, or potentially even lease a parking stall to someone who’s not an owner or renter in the condominium.
Leased is the second type of parking generally available, paid for like a vehicle or office space, but with a lease for a period ranging from one to 99 years. Condo owners with this type of parking should also have paperwork to support the arrangement, says Davies. The lease can come in handy when it’s time to sell or there is ever any question as to just who has the legal right to park in a spot. While you may not be able to sell or re-lease a leased spot when you move (check your bylaws for the rules on this), leasing a spot also affords one sole rights to parking there—again, within reason.
“Check your bylaws. Most places won’t allow you to park recreational vehicles or trailers there, and the car has to be in operating condition,” explains Davies.
And that means no leaky parts, which can spew oil or antifreeze fluid all over the parking lot or garage. “The board can tell you not to park there until it’s fixed,” says Davies, adding unleashing a stream of suds into the parking lot by washing your vehicle in your parking spot is generally also disallowed.
The third type of parking condo owners may encounter is assigned. Essentially, condo dwellers relying on this type of parking are at the mercy of the board, and have use of it only until a board determines a user’s time is up. They may, for example, elect to relocate you because they have decided to add additional visitor or handicapped spaces.
If you live in a condo and own or lease your stall and constantly come home with an armful of grocery bags only to find someone parked in your spot, you do have rights. “You do have the right to call the Calgary Parking Authority and have a car towed,” says Davies, who suggests having your supporting documents on-hand as proof.
But in the interest of good neighbour relations, it may be a better idea to first try to determine who is parking there and approach them with diplomacy rather than to have your fellow condo owner towed and then see them around the complex. “You never know, they may have been assigned the spot by mistake,” he adds.
While most new condominiums on the market have to include a certain amount of parking and generally do offer buyers at least one titled stall, it’s always a good idea to ask which type is offered when buying.