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Condo Parking Rules and Tickets?

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  • Mar 12th, 2012 10:50 am
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Deal Fanatic
Nov 11, 2008
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Condo Parking Rules and Tickets?

I'm pretty sure I'm going to get flamed, but does anyone know the rules to a deed spot and parking tickets/tow situation?

My condo wants me to purchase and display a plastic tag that says my spot number and condo corporation ID, but I refuse to pay $100 for a stupid plastic tag. They have left me warnings, and im on my last warning that it will be tagged. I checked the by-laws, and theres nothing about tags being required to be displayed. Only keeping the spot clean, cleaning charges may apply if there is oil stains, and only 1 vehicle per spot

Anyone have any experience?

Thanks
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Aug 5, 2011
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Never heard that before, it's probably a way for them to make money. The management registered my car plate and parking space # as soon as I moved in, all they have to do is look on the computer if I park at someone else's spot.
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IMWHFMPC wrote:
Mar 10th, 2012 7:21 pm
Never heard that before, it's probably a way for them to make money. The management registered my car plate and parking space # as soon as I moved in, all they have to do is look on the computer if I park at someone else's spot.
The condo parking area is private property. Even deeded units are subject to condominum rules. They can make whatever rules they want regarding the conditions and terms of use for parking areas. If you fail to comply, they can ticket and tow at their discretion and you will be on the hook for tow and storage fees over and above the cost of the parking ticket.
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Sep 4, 2011
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Notadot wrote:
Mar 10th, 2012 10:23 pm
The condo parking area is private property. Even deeded units are subject to condominum rules. They can make whatever rules they want regarding the conditions and terms of use for parking areas. If you fail to comply, they can ticket and tow at their discretion and you will be on the hook for tow and storage fees over and above the cost of the parking ticket.

who actually owns the parking space? is it the unit owners or the management?

i found some old paperwork that clearly allocated the parking spaces to each of the units but in the deed it doesnt indicate any parking spaces.

if the parking space belongs to the unit owners are we allowed to trade/sell our parking spaces?
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zerg00 wrote:
Mar 10th, 2012 10:38 pm
who actually owns the parking space? is it the unit owners or the management?

i found some old paperwork that clearly allocated the parking spaces to each of the units but in the deed it doesnt indicate any parking spaces.

if the parking space belongs to the unit owners are we allowed to trade/sell our parking spaces?
Parking spaces are either unassigned common element, exclusive use common element, or deeded property depending on type of condo. The first two types are owned by the condo, the last one is owned by the owner and will have a deeded property title separate from the deeded property title of the residential unit. The condo's registered documentation and unregistered rules can dictate how parking spots are used regardless of ownership just as the condo's documentation can dictate the terms by which you can use the inside of the housing unit that you own.
[OP]
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Notadot wrote:
Mar 10th, 2012 10:46 pm
Parking spaces are either unassigned common element, exclusive use common element, or deeded property depending on type of condo. The first two types are owned by the condo, the last one is owned by the owner and will have a deeded property title separate from the deeded property title of the residential unit. The condo's registered documentation and unregistered rules can dictate how parking spots are used regardless of ownership just as the condo's documentation can dictate the terms by which you can use the inside of the housing unit that you own.

Interesting ...
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Oct 7, 2010
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EPcjay wrote:
Mar 10th, 2012 4:41 pm
I'm pretty sure I'm going to get flamed, but does anyone know the rules to a deed spot and parking tickets/tow situation?

My condo wants me to purchase and display a plastic tag that says my spot number and condo corporation ID, but I refuse to pay $100 for a stupid plastic tag. They have left me warnings, and im on my last warning that it will be tagged. I checked the by-laws, and theres nothing about tags being required to be displayed. Only keeping the spot clean, cleaning charges may apply if there is oil stains, and only 1 vehicle per spot

Anyone have any experience?

Thanks

I think some condos rules are a real pain. It depends on who is making up the rules, the board of directors for the condo OR the management company. If I were you, I would demand from management why they want to put in a rule like this, must be a real reason behind it. Such as somebody parking in another person's parking spot etc etc. Most likely I think it's the board that's making up rules. Sometimes there is a lot of stupid people on the board, so they make up stupid rules. Sometimes, they do have useful rules.

I understand the frustration of the condo board, if someone's car is always leaking oil on the floor, and what if someone slips on it. It's the responsibility of the condo board/ management to make sure they don't get sued. Cost money for condo management to hire cleaners to clean every spot once in awhile, the money is still coming out of your pocket through condo fees.

If the spot is not deeded to owners, there is nothing you can say to change their mind about this. If you own the spot, then you can somehow convince the board to have them change it to a more reasonable rule. 100 for a tag, is highway robbery. Everyone would comply if the tags were free. I think they are doing this, to inconvenient people from parking multiple/different cars in one spot. Somebody must be doing something annoying/illegal to make extra money on the side. Good luck.

Moreover, I think Notadot should go keep defending Ragu instead of giving people advice on any topics.
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qaz393 wrote:
Mar 11th, 2012 2:17 pm
I thought any bylaw changes in a condo would need 95% agreement withthe residents.....
You thought wrong.
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qaz393 wrote:
Mar 11th, 2012 2:17 pm
I thought any bylaw changes in a condo would need 95% agreement withthe residents.....
A condo board can pass a rule and distribute notice of the rule without getting prior consent from the owners. If owners don't challenge a new rule within 30 days of receiving notice, the rule automatically becomes effective after 30 days from date of notice.
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Notadot wrote:
Mar 10th, 2012 10:46 pm
Parking spaces are either unassigned common element, exclusive use common element, or deeded property depending on type of condo. The first two types are owned by the condo, the last one is owned by the owner and will have a deeded property title separate from the deeded property title of the residential unit. The condo's registered documentation and unregistered rules can dictate how parking spots are used regardless of ownership just as the condo's documentation can dictate the terms by which you can use the inside of the housing unit that you own.

does this means that there should be a seperate deed for the parking space alone? is there any other method to check without asking the management?
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zerg00 wrote:
Mar 11th, 2012 11:48 pm
does this means that there should be a seperate deed for the parking space alone? is there any other method to check without asking the management?
If you are in a condo where parking spaces are SOLD separately from the housing unit, then there will be a separate deed. Otherwise no. Check your title documents for the description of the property. It doesn't change anything though. Condos can still pass rules governing how deeded spots are used.
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Also, keep in mind that the Ontario Condo Act does state that any by-laws or rules must be reasonable. (Of note, the same is not stated of the Declaration which takes precedence over the by-laws/rules.)

Is your particular parking spot owned?

If my condo ordered me to pay $100 for a sign to hang on my car for a parking spot owned by me, I would certainly feel that was unreasonable (although "reasonable" is open to interpretation and would be decided on a case by case basis in court if it came to that).

Whether you would want to spend the time and cost pursuing this is another question. I would be speaking to the board of directors about this. We do have plastic tags we hang on our vehicle (for our owned spots), but there is no charge for them.
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OP seems in Scarborough, not sure if there is diff laws, but in Mississauga of where I live. The condo management cannot tow a car that's sitting in someone's property cos they don't own it. I know because an keep parking at my spot and after a warning that he or she ignored. I towed it away. I went talk to the condo security, they say they can't do anything, but tell me to call city parking enforcement. I called, someone came ticketed it, and I ask them to tow it away from my spot. They just need to see the owership of the spot is really belongs to me.

So, unless you park somewhere else than your own spot, I doubt they can tow your car away when it's parked on your property.
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sillysimms wrote:
Mar 12th, 2012 12:44 am
Also, keep in mind that the Ontario Condo Act does state that any by-laws or rules must be reasonable. (Of note, the same is not stated of the Declaration which takes precedence over the by-laws/rules.)

Is your particular parking spot owned?

If my condo ordered me to pay $100 for a sign to hang on my car for a parking spot owned by me, I would certainly feel that was unreasonable (although "reasonable" is open to interpretation and would be decided on a case by case basis in court if it came to that).

Whether you would want to spend the time and cost pursuing this is another question. I would be speaking to the board of directors about this. We do have plastic tags we hang on our vehicle (for our owned spots), but there is no charge for them.

Case law for Ontario condos has already established that "Condominium boards and managers must act reasonably in enforcing condo rules and what is “reasonable” will be decided on a case by case basis, but courts will not substitute their own opinion for that of the board or manager."

Is the OP being charged $100 for the tag as a one-time charge, or is the $100 a refundable deposit that he gets back when he returns the plastic tag? That is the more usual case in many condos, and the OP would be out money only if he loses or otherwise fails to return the plastic tag when he no longer owns or is assigned the spot.

In any case, I doubt that any court would even remotely see demanding a return deposit (if that's what the $100 is for) for keyfob entry or vehicle identification tags as being unreasonable.
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