Tony Gioventu
Province
Dear Condo Smarts:
I recently bought a condo from a man who was the first purchaser from the developer in 2004. With the unit, I bought two parking spaces, one for handicapped use and one next to it. They were both within five metres of the elevator and this was attractive for me for personal security. I received a letter from the strata council last week advising me that I would be losing my handicapped parking space because an owner who was recently wheel-chair-bound requires it for access to the building.
I understand the person needs the access and there is no other specific space allocated for such use, but how can the strata corporation change the ownership of my parking spaces? The documents clearly show that the two parking spaces were included with my purchase.
— E.F., Richmond
Dear E.F.:
This is a complicated problem and comes with an even more complicated answer.
– If the parking spaces are designated as “common property,” then the corporation administers them through the rules and bylaws.
– If they were designated as “limited common property” by the developer, the use can generally only be changed by a unanimous vote of the strata corporation.
– Finally, if the spaces are designated part of the “strata lot,” the designation cannot be changed without a unanimous vote, consent of the strata-lot owner and amendment to the strata plan.
But here’s the complication: The developer may have — through a lease agreement — assigned the use of the parking spaces to specific strata lots. If that is the case, what the buyer bought was the entitlement to use parking and perhaps use of a specific parking space, but they do not legally own the spot.
You will need legal advice on whether the sales agreement actually conveyed to you property that you are entitled to or not — and whether the lease agreements were created properly and are enforceable.
Most owners don’t own the spaces, yet on re-sales they frequently include the space as part of the strata lot.
To complicate matters even more, some leases or assignments are only buyer-specific and not registered to the strata lot and may expire once an owner conveys their lot.
Each agreement and set of conditions has to be reviewed separately to determine the types of assignments, allocations and use and conveyance of agreements, even their validity.
From a human rights perspective, your strata council probably has no choice in attempting to accommodate this person who needs the handicapped parking.
Schedule a meeting with council and try to find common ground to meet your needs as well as the strata’s obligations.
Tony Gioventu is executive director of the Condominium Home Owners’ Association (www.choa.bc.ca). E-mail: [email protected].
© The Vancouver Province 2008
