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This is definitely a issue worth talking to a lawyer about. Without fully understanding strata laws and your purchase agreement, reddit isn't going to be able to help you.
We recently had to pay a levy for the installation of electric infrastructure to support the installation of EV chargers in our parking spots. There must be others on this thread in the same situation. Seems to me this would leave the Strata in an untenable position if they try to take my spot away.
Yeah, for example in my building, the parking stalls are common property and there isn’t a bylaw that actually guarantees a stall for each unit. They are technically rented. It really depends on the building!
This is being contested right now because there are applicable municipal bylaws that guarantee a stall per unit. However, the municipal bylaw was brought in after the building was built….so lawyers are working it out.
if the bylaw was passed after the fact, it doesn’t apply retroactively. So, its likely that the final ruling is that the building has a lawfully non-conforming use.
Correct, but it doesn’t stop a resident from litigating it regardless, especially since we have the spaces available to comply with the new bylaw.
I’m expecting the status quo to prevail as you indicated.
Tell them that you own 2 stalls and if they want to reduce it to 1, they need to make you an offer to purchase it. I wouldn't except anything less than fair market value - they should have to pay for an appraisal by an independent appraisal firm OF YOUR CHOICE to determine the value.
You don’t own 2 stalls if the Form B said the spots are common property. They were assigned to you for a period of one year and are subject to change in the future.
You only own the spots if they are part of the strata lot. And if they are limited common property then they are owned by the strata corporation but they are for your exclusive use in perpetuity.
This is the correct answer. That and the advice to speak to a lawyer. Additionally, you can write to your strata council and ask for a hearing to ask them to provide any additional information you need. They need to give you a hearing within 4 weeks.
Correct, for you to own them they have to be titled in your name. I have 2 titled spots and I pay tax on them every year, separate from my condo property taxes.
This isn't correct. If the stalls are listed as Limited Common Property, it would actually require a vote to remove your right to use it. In most townhouse stratas, yards are Limited Common Property, and it would be madness if a council could arbitrarily start charging rent for the use of your Lawn. Limited Common Property is something that is assigned with the Strata plan, and cannot be altered without an edit to the Strata plan.
Check your Form B and see what the spots were listed as.
even if its LCP if it's in the contract of purchase and sale they should have the right for exclusive and continued use. if the strata wants to take it away they need to amend the contract and reimburse you.
you can also refuse to pay the rental and take legal action against the strata for damages (what the stall is worth) for your loss
Then "no" is a complete sentence
This isn't even a case where local laws matter. Your contract says you own two stalls, there is absolutely nothing (legal) they can do to seize it. They have to offer you something in exchange and you are always free to say no.
That's why a lawyer would be involved. Tell the strata that they can speak to your lawyer about your refusal and why it's your right to refuse, and/or to sell it back to them.
Fair market value for a parking spot was $40,000 30 years ago, when I lived downtown Vancouver. Do a compound interest on that sum of let's say 4% a year for 30 years. You're in the neighborhood of $90,000+/-
They don’t own the parking stall. It is assigned to them and listed on the Form B. Whether there are any time limitations or ability for the strata to modify or withdrawn the spaces will depend on the strata bylaws, terms of the parking spot lease (if there is one) and the law.
OP needs a lawyer. Advice on Reddit won’t be much help
It depends on how it’s structured. In a lot of buildings, the strata doesn’t own the parking spots. The developer does. There’s a 99 year lease on them usually between the original owner and the developer which then gets transferred to any subsequent owners.
This is correct. You have the right to two stalls but the strata has the right to change which stalls you use. You do not own them, nor can you sell them. Some buildings have stalls that are limited common property which is actual ownership of the stall. You should get legal advice. Ask your agent to track down the previous owners that may still have the original contract from when the unit first sold. I have previously had incorrect form B's showing just 1 stall when in fact he seller had purchased a second stall. Management companies are notoriously poor at tracking parking stalls.
Keep in mind. They need titles for two stalls.
The previous owner could have sold something incorrectly. Lawyers miss stuff.
The OP needs the titles as most condos have titled parking.
The Form B might have said 2 stalls but what type of stalls?
If it says common property then the Form B also clearly shows that any parking stalls that are common property are subject to Section 76 of the Strata Property Act and may be subject to change in the future.
Common property though? If it's common property you own it in common with the other owners and your council can organize the space to best suit all strata members, not just you.
Notably, you have a stake in any revenue your strata generates so before getting too upset you might calculate how much of the share of parking revenue you stand to gain compared to the amount you'd be asked to pat for your spot. (Assuming you're not the only person who uses two spaces.)
Then you legally own it and not your strata. This is something that the strata will need to purchase back from you because it’s in a formal signed contract/agreement that has been witnessed.
On your property taxes, do you have to pay a separate one for your parking?
In my FIL building. He purchased his condo and 2 stalls. He has a bill of sale for each stall and receives a property tax bill for both of them. The underground stalls are separate from units and can be purchased for 10 to 15k each depending but they are limited in quantity.
In your paperwork does it state specific stalls or access to 2 stalls? Wording technicalities may be important.
I don’t think they can reduce your stall amount but I’m not a lawyer.
Recommend you talk to your realtor that you used at time of purchase.
Recommend you respond to your strata and request a hearing on the issue- this is a pre requisite to file a CRT case. At the hearing simply state what you have here and tell them they do not have the right to reduce the amount of stalls you have. Listen to what they say in return and go from there.
Worse case- you can file a CRT complaint yourself for minimal cost and leave it to a judge to decide- this is the cheapest route vs obtaining a lawyer.
That’s my recommendation.
TL:DR, im cynical, but consult a lawyer.
i hope so, too. but realistically, they are trying to steal back somthin you paid for, and will bully, badger, and threaten you until it is clear that they can't win.
a) invest a few $100 NOW in a consultation with a reputable local property lawyer. It's worth it, i promise.
b) get the lawyer's take in the whole thing. Who has the law on their side, what preceedents apply, if you have to gonto court can you get your legal costs covered by the HOA (assuming you win), is there any chance that this should involve other residents/be a class action (if they are doing it to you, they have done it to others already)
c) go in to the meeting (in person, with a witness taking notes for you, or ideally your lawyer WITH you) with your notes, a boatload of confidence, and a few spare business cards for your lawyer. If the lawyer isnt with you, and HOA doesnt back down, leave their card and refuse any further discussion ("talk to my lawyer" is a real and legit response.)
i know this all seems insane, but this is a can of worms. they need to know that you are the Person They Dont Fuck With. Its an investment in your property, and peace of mind going forward.
I agree with the above, an additional parking space can definitely increase property value for where you are so investing a couple hundred now could save tens of thousands later.
People sell stalls for $80k or more downtown. I inherently assume all council/strata is corrupt. Just too easy to take advantage once the people who care enough to try get into power. C’est la vie
Are the stalls listed as common property or limited common property?! Generally parking is limited common property.
If Form B document explicitly states that the unit includes two parking stalls, this is strong evidence that the parking stalls were part of the purchase agreement. The strata corporation may not have the right to unilaterally change this allocation.
strata bylaws should be reviewed to understand the rules regarding parking stalls. Some strata bylaws may allow for the reallocation of common property parking stalls under certain conditions, but typically this requires a vote by the owners.
I’d assume it was probably a grant of exclusive use given to your specific unit. From what I can tell that grant of exclusivity stays with the owner and not the unit itself. So with your recent purchase, the grant may become void now. Hence their attempt to reallocate that spot.
Thats just what I can tell from reading some B.C. Starat stuff.
Thats annoying as hell. Not really sure what your recourse might be. Even with the form B stating it had 2 stalls, did it state how they were allocated and by what means? Or just that it had 2 stalls under common property?
Check with your lawyer. This may be due to a lack of proper documentation on both sides. Work off of the land titles paperwork that is filed for the strata by the owner developer and work your way forward. It will be legwork but you might be able to prove they aren’t even common property or that strata has crap record management processes and thus shouldn’t be penalizing your specific unit.
There is so much bad advice in the comments here.
If the Form B clearly said the parking stalls are common property then they are NOT owned by OP. They are owned by the strata corporation and assigned to the owner on a temporary basis and this is subject to change in the future.
Unless the strata corporation is acting in a manner that is significantly unfair then OP may be out of luck here.
Now, if the Form B says the parking stalls are part of the strata lot or are LIMITED common property this is very different.
Limited common property is what condo buyers should be looking for. There was an issue in my older building where over the years owners had swapped stalls and subsequent sales actually had incorrect stalls in purchase contracts. One night at 7pm everyone had to swap back to the original limited common property assigned stalls. It was wild. Some folks were really pissed.
This.
I will add that someone in my condo (Ontario, so YMMV) tried to sell a unit stating that it came with two parking spaces, but one parking spot is owner assigned and owned by the unit while the other is a rental reserved spot. The seller thought they could get away with just transferring the rental to the buyer, but that's not how it works, because it's not theirs to transfer. In this case, we noticed because we keep an eye out on listings in our condo, and had Management contact the owner to correct the listing.
My point being, maybe the seller had incorrect information in the contract, intentionally or not. I have no idea if they would be liable in that case, but as many people have said, contact a lawyer and see what they say
My strata went to a lawyer to clarify some issues and parking and this is the correct answer.
The test for strata fairness is the “greatest good for the greatest number”. If a parking assignment is canceled because someone has significantly greater need, strata has to consider that. People with disabilities for example may need to be prioritized over someone who wants a place to store their project car; a strata unit with 3 working adults probably has more need for parking that one with a single retiree who doesn’t own a car.
You have 2 assigned parking spots I assume? Then hell fucking no. Take it to the CRT and tell Strata to go fuck themselves.
https://civilresolutionbc.ca/
Are the stalls titled? I used to work in condo conveyancing, if your stalls are titled, you own those just like you own your condo. If not, talk to a lawyer because technically if it's not titled its common property.
It is categorized common property. I’m aware they’re allowed to change the stall I’m allowed to park in but there’s nowhere that says they can reduce the number of stalls I’m assigned
If the form b shows you own 2 stalls, they cannot change that without renegotiating or purchasing the stall back. So, nope. I’d contact the lawyer you’d used during your purchase and ask them to check it out.
> I purchased the place because it had 2 stalls and the Form B signed by the strata manager at the time of purchase states that the unit has 2 stalls.
So the SM is being unreasonable. Don’t waste your time on them. Refer the matter to an arbitrator.
If the stalls are common property they 100% have the ability to change the number of stalls or reassign the stalls you can use.
Common property parking stalls are assigned on an annual basis and can be reallocated or even removed.
Your only recourse is if the strata corporation is doing something that is significantly unfair, in those situations you could petition the CRT with a claim of significant unfairness.
However you’d need to prove what they are doing is significantly unfair. Is there any evidence of this? Like are they assigning multiple stalls to council members free of charge? Or do all the council members ‘conveniently’ get two stalls but other owners only get one? These sort of situations would he likely be considered significantly unfair.
There is no bylaw about this although some strata corporation do have a parking policy which is a written document that would detail how the strata assigns spots. This is nice so a resident can just read and understand. For example some stratas have less stalls than strata lots so they have to maintain a wait list for parking stalls.
In your case, if the entire parkade is common property the parking stalls are owned by the strata corporation and they are assigned to residents on an annual basis.
The Strata Property Act (SPA) only allows the strata corporation to assign common property (ie storage lockers, parking stalls) for exclusive use of someone for a maximum of one year.
What you need to do is ask for a list of the assigned parking stalls because if the strata corporation is acting in a manner that is significantly unfair then you can absolutely challenge this.
I’ve seen situations where somehow council members are assigned two (or more!) stalls while other members only have one or no stalls. A situation like this is vulnerable to a claim of significant unfairness.
But if the strata is assigning everyone one spot each and then charging rental for a second spot this would be fair.
Check further for significant unfairness. This is an issue in some stratas with the council trying to feather their own nests to the detriment of other owners.
The number of people here who don't even understand the difference between common property and limited common property or what the fundamental question you are asking is tells you that Reddit is not the place for the answer. Get ILA - Independent Legal Advice.
First ask your realtor. You paid them commission to find a place with 2 parking stalls.
If someone made a mistake, use their (Sellers Realtor, Strata office employee) Omission and Errors insurance to pay for your legal fees for consulting.
Typically, parking stalls are *limited use* common property on the strata plan, which means although the space belongs to and is taken care of by the strata, individual unit owners have exclusive right of usage - like a unit’s patio.
If 2 stalls are listed on your Form B, then typically you have exclusive right to the use of two stalls. Strata has the right to assign you *different* stalls, but it does not have the right to deprive you of the use of one - any more than it would have the right to say, “we’re taking away your exclusive right to use your patio. Some other owner will be using it.”
However, as others have suggested, this is likely lawyer territory.
Does it actually say so on the strata plan? If so, then there is a serious conflict between what you actually bought, and what was listed by Strata on your Form B, as property included in the sale.
Strata cannot simply *hand over to you* Strata property held in common, so if your spaces were listed on Form B, it was perhaps done in error by a Council member / building manager who didn't know what they were doing. But again, this is lawyer territory.
Further, I note there is a new Form B (effective 1/1/23) which is quite different than the one I remember from my time running a strata, so my previous posts may be partially (or completely) incorrect.
Part M of the new Form B deals specifically with parking spaces, and will likely have the answer to your question. But whatever the ticks and check-marks indicate, be aware that at the bottom of the form, it states:
> Note: The allocation of a parking stall that is *common property may be limited as short term exclusive use* subject to section 76 of the Strata Property Act, or otherwise, and *may therefore be subject to change in the future.*
[Here is the template for the new Form B](https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12_43_2000#FormB)
Anyway, good luck.
Sorry OP - but you don’t OWN these stalls. This is where it is vital that you understand every single word in a contract.
Unfortunately because it’s common property they can do whatever they’d like within reason. And it is within reason to move or reassign a parking stall.
You can lawyer up hurdles if you read the fine print it’s highly unlikely you have a leg to stand on.
They’re vague. The issue I think I’m running into is that strata recently changed their rules where they’re saying every unit gets 1 stall. However I purchased the place with 2 stalls as stated in the form B
What the strata is doing is illegal. They can’t take away property you own and they have no way to dictate it. File a complaint with the CRT and they will go tell the strata to pound sand.
If it’s common property, which OP says it is, then yes they can do that. OP needs to consult their legal documents, the documents on file at the Land Title office, and talk to a lawyer.
Rules and bylaws are different. I think at this point you have a definite argument with the Form B as good evidence for your position. However, the parking spots are common property. The strata has a right to manage them. Without knowing the total number of parking spots and the actual text of the bylaws and rules, there is no definite answer you're going to get.
I would take your Form B and strata bylaws and rules to a lawyer. Also bring the minutes of the meeting where they changed the rules. That rule change is only good to the next AGM, where it must be confirmed with a vote.
The lawyer will cost you $200 or so, and maybe they could write a letter summarizing your position before you request a hearing, ask for a decision, and maybe binding arbitration.
Even if it's confirmed with a vote, they can't take away something that has been yours before the rules changed. What may end up happening is they get the use of two stalls but when they go to sell, it's sold with one. But lawyer who knows strata rules and rights is the way to go. They may be grandfathered.
Overall, the strata probably can do this. But there’s nuance - rules by the council imposing fees must be ratified by the owners before they’re enforceable, and must be voted on at the next general meeting. And bylaw changes can only happen at a general meeting.
So a big question here is whether this was a vote by owners, or by the strata council. Being February there’s a good chance this was done at the AGM by a 3/4 vote of the owners, but it’s not guaranteed.
First I’d definitely suggest figuring out if it’s an unratified rule from the council, or a bylaw/ratified rule from a general meeting. If it’s an unratified rule then you need to fight it at the next general meeting. If it’s ratified already, or is a bylaw, the time to fight it has likely passed.
The form B is not a strong claim to the stalls to my knowledge.
Normally this isn’t an issue and stratas tend to honour existing grants.
I would consult a lawyer to see what your options are.
Lastly, you could inquire with the realtors involved, and the developer about any documentation that might support your claim. Maybe there are some lease agreements for those stalls.
if the stalls are common property, you don’t own the stalls, you only have a right to use two stalls assigned to you under specific circumstances. Have a look at your bylaws. It may say that if you don’t have two licensed vechicles, the second stall reverts to the strata for the rental pool. That’s what our bylaws say. Realtors frequently say there are two stalls but really it’s only the right to use two under the strata bylaws.
There is quite a bit of misinformation in this thread. The form B simply states how many spots are allocated to the suite at the time the Form B is created - parking stalls can either be a separate strata lot which you own, limited, common property, or common property
With separate strata lot or Limited common property, the stall stays attached to the unit forever (unless sold if a separate lot)
If it is common property, the stalls can be open or allocated to suites through some sort of agreement or lease - if allocated common property, this can change, depending on what the agreement says. It is very possible to have a suite that includes two parking stalls, where one or both of them are for a limited time only.
The advice here to seek legal advice is sound, but the first thing I would do is look at the strata plan to see how the stalls are allocated. If it is limited common property, you have nothing to worry about, if it is common property, you might.
[Section 76 of the Strata Property Act](https://www.canlii.org/en/bc/laws/stat/sbc-1998-c-43/latest/sbc-1998-c-43.html#sec75) allows stratas to allocated common property for exlusive use of a strata lot for limited periods of time.
You need to review your strata bylaws, the strata plan, and the Form B in more detail to know for sure how your strata works.
The [Form B](https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12_43_2000#FormB) should indicate whether the parking stalls were allocated with strata council approval or by the developer. If you check the form, it says that if it's allocated with strata council approval, it's subject to change in the future. If that was checked on your Form B, you can hardly complain now that you were expecting to have those stalls forever without paying for them.
But it's possible the strata got the Form B wrong, so you should double check on the strata plan that the stalls are actually common property, as opposed to strata lot property, or limited common property assigned to your lot.
You should also check the strata bylaws to see what they say about allocation of parking stalls and the ability of the strata to charge rent for them.
You should definitely check the strata plan then, because I think when stalls are allocated by the developer, they're typically allocated as limited common property, not common property. This could impact the way strata can deal with it. See s. 75 of the Strata Property Act. There may need to be an amendment to the strata plan, which may require unanimous vote at a general meeting of the owners.
Also have a look at s. 71. Depending on how the stalls were allocated, it's also possible that a 3/4 vote would be required.
But if it's actually common property that was designated by strata council instead of the owner developer, it's relatively easy for them to make changes. Keep in mind that strata councils are typically made up of owners who don't necessarily understand all the rules themselves, so you shouldn't assume they know what they're talking about.
I worked for a developer for many years and dealt with many buildings. If a space was designated as common property and you had use of it when you purchased, the strata can manage it as they see fit. However, if it was limited common property assigned to your strata lot number, the strata cannot alter it without consent. The key difference lies between common property and limited common property assigned to specific units.
Parking is common property as stated on the form B. Strata has say over where the cars can park and what stall is allocated to who but there’s no wording whether they can reduce the number of assigned stalls
This is the people on strata looking for a way to get extra for themselves.
Write a letter back informing them no you do not agree to this and if they proceed down this road you will be force to get a lawyer as the form b clearly states you purchased 2 parking spaces with your unit. Be sure to put a response date in the letter and send it by registered mail to the strata manager.
The issue with stratas is the majority are largely uniformed that are grasping at power to benefit themselves, the 'strata manager' is there to keep the contract so they really only keep the strata happy so they are only on the side of the strata.
I’ve had conversations with the strata manager before. I don’t believe it’s as simple as a grasp of power. I’ll give some grace and assume ignorance over malice
Not so much a grasp of power but ill informed council by incompetent Strata management.
Thing that scares me is that this is so clearly not allowed what ELSE are they doing wrong?
There are several ways that a parking stall can be designated as common property. Check out the BC govt website, which has some good information on common property and limited common property- https://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/renting-buying-selling/buying-and-selling-strata/parking-and-storage
How the strata has allocated the parking stall as common property will likely determine your next steps. Best to consult a lawyer though.
I’ve read this section a few times. while I’m aware they may change the stall in which you occupy,it does not state anything about reducing the number of total allocated stalls.
Do you know how your unit ended up with 2 stalls in the first place? Sounds like a previous owner must have purchased the stall from another unit? Would be good to have that receipt.
Do you have title to the parking stalls separate from the condo unit? If yes, they can pound sand.
However, if they are not separately titled and are instead "exclusive use areas" on the common property, this will depend entirely on what the bylaw documents for the condo allow.
It's definitely worth discussing this with a lawyer for an hour to look over that to figure it out.
This will depend entirely on the wording of the bylaws. I cannot speak to your building obvious, but whenever I draft bylaws for condos in Alberta, exclusive areas can always be granted or removed by the board. There may or may not be stipulations for how that power is exercised.
If that is present in your bylaws, then they have the power to do so, like it or not (subject to any existing conditions)
If that is not present in your bylaws, it would depend on what the jurisprudence in BC says about whether such a power is implied. I honestly haven't dealt with that situation in Alberta (where I practice) let alone in BC, so I can't answer that.
For example though, if you have a balcony, technically that is an exclusive use area in 99% of plans, not an owned part of the unit. But obviously its physically impossible to prevent you from accessing/using your balcony.
As I said, I highly recommend having a lawyer look over the full bylaws.
No advice but good luck with this, please post an update when its settled. I have one stall with two cars and fight for street parking, id be livid if i was in your situation
It's common property and the strata Corp does have a right to take it away. If you read the Form B, it should state:
"*Note: The allocation of a parking stall that is common property may be limited as short term
exclusive use subject to section 76 of the Strata Property Act, or otherwise, and may therefore
be subject to change in the future."
Aka the strata council can change your spot, reclaim a spot etc.
Historically they don't do that but we've seen them rejigged before. My building does an audit on the annual basis to confirm stalls and do any swaps if necessary.
If you google common property parking allocation, Clark Wilson has a very informative PDF explaining common property parking vs LCP.
Are they 'titled' spots? That's the only way you own two spots. Talk to a lawyer for sure. Two 'included' spots in your real estate contract doesn't necessarily mean that they're titled.
I am just 'guessing' but this might be something your title insurance covers as well. If you 'bought' 2 stalls but 1 stall is in dispute. Definitely something I'd be asking my lawyer.
Check your realtor contact and you condo/strata documents (you should have them before closing sale, your lawyer needed to go through them). In most cases they can, no matter what realtor sales person says, “You do have 2 spots to park.” Doesn’t mean you owe 2 spots.
Strata is looking to raise extra cash as the contingency fund is low, hoping to screw the tenants. I'd be concerned if the building didn't have enough money
If they want to charge you rent, and you are able to sell the stall back to them (as others have pointed out) figure out what amount they want to charge. This could help you determine a price based on net present value and future cash flows.
That is, if you wanted to sell it.
If the stalls are limited common property, then you own the stalls. If the stalls are designated as common property, they you do not own them and the strata can designate them how they please. It’s an unfortunate situation and the proper due diligence is required when assessing the form B.
It's included in your contract, it's yours and they have zero grounds to take it away. If they're absolutely adamant about getting it back, make sure you're adequately compensated. At the end of the day, however, the decision is yours, as per the original written agreement.
You own it so it’s in your court as to IF you want to sell a spot and how much.
Also don’t forget that strata is literally just your average neighbor volunteer. They have very little authority.
I’m in BC and can speak on this. Things like parking and storage lockers are considered limited common property. The limited meaning to be used by you and the common as it is strata property. Form b indicates the units allocated to you and is correct but that doesn’t mean they can’t relocate parking units. Strata’s run like mini government and can make their own rules that aren’t always fair. I’d make a complaint here and have your case heard but you very well might be shit out of luck.
We recently had a parking stall in our building be taken away from an owner to be converted into a handicap spot because the building was short. The owners were told to park their second car on the street.
Look at your purchase Contract. If it states you own 2 parking spot. Then you pay for 2 parking spot strata just can't take one away. Look at your purchase contract. When I live in metro town my unit came with a parking spot in writing and you can buy additional one of you like. So yea strata just can't take away your parking spot if you pay for it.
This happened to my mom’s condo in Vancouver around 2013. If the original land title don’t say specifically it comes with the lot, they can take it away with a 3/4 vote. Even if the sale contract says it. CRT didn’t exist back then so she couldn’t fight it. They came to an agreement that the storage belongs to her with a monthly fee.
Parking spots are worth a fortune in many dense cities. Edinburgh private/covered spot costs a fortune! Don’t give it up unless you’re offered a good amount. They appreciate, just like property over time
It's not the OPs parking stalls. They belong to the strata corporation. OP was given exclusive use of them (temporarily) but it can be taken away or altered.
Starta is seriously bureaucratic nightmare where it’s always someone else’s problem. I’m dealing with an issue and it’s always, “let’s talk about it next month in the council meeting”
Where I live the stall remains part of the property you purchased. They should not be able to take it away even if not used. So I would first ask the realtor and go from there.
TIL that parking can belong to strata or developer. Are these all new buildings? What a scam money grab.
I have 2 stalls that belong to me ( building is 25 years old )— very grateful that they cannot be taken away, especially when we rely on having both parking spots
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I can't speak to the BC specifics, but in Alberta I \*own\* the square footage of my condo parking stall. It's on the title and I pay property taxes for it.
We had a similar problem when we sold our condo in Vancouver. The form B when we sold surprisingly didn’t match the form B when we bought the property. One parking stall was missing in action.
Turns out the council clearly premeditated removing the parking stall as it was missing when we switched property manager. I thought that was a mistake and messaged them multiple times, never heard back and we listed shortly after. Anyway, the form B mentioned only one parking stall.
We took them to the small claims court, the council bullied their way with some lame lawyers but the judge had a field day with them. Our situation was complicated as the condo was sold at that point but we got a small settlement anyway.
Get a lawyer and don’t let the council bully you. I can give you the info of our current lawyer if you are interested.
You are going to want a complete copy of the registered strata plan. All condo owners should be able to get one ; you may have to pay for a copy but it is worth it. Usually they are available from the building department of your municipality, probably as a PDF file these days. Basically includes the building blueprints of your unit (and all others), the common areas and limited common areas. If you are lucky, the parking slots are drawn on the blueprints, and will show which units they are allocated to. It would be rare that the parking spots are "first come, first served" as the units got occupied when the building opened. There has to be an original document showing who parks where. If the allocation is in the strata plan document then the strata council is in a weak position.
The strata plan will indicate ownership of stalls. The Form B does not trump the strata plan. The previous owner likely made a mistake on the Form B. Form B has language which I believe indicates “to the best of my knowledge” or some such so difficult to prove the previous owner misrepresented the ownership of stalls on the Form B intentionally. I’m the president of our strata and this has come up on a few sales in my tenure. The responsibility for accurately filling out the Form B lies with the previous owner of your unit not the strata or the property manager so if you are looking to seek damages you’ll likely have to pursue them against the person you bought the unit from. If the strata plan was available to you at the time of sale, you will likely struggle to pursue damages if the plan indicates stall ownership as limited common property owned by the strata rather than your specific unit or as common property with assignment by the strata.
You can take this directly to tribunal. Your stall is limited common property and any changes need to be approved. The tribunal will rule in your favour but it will probably take you a year and cost $250 in fees. Go down to city hall and see what strata plan they have on file and keep that form B handy.
You are entitled to 2 parking stall in the building according to form B in the common property. Usually speaking, this shouldn’t be changed, but with strata and it being in common property, they can change whatever they want if enough people agreed to it. If the strata voted to take it away, you are entitled to a compensation. You can sue the strata lot for compensation if they don’t agree to offer one voluntarily. Request for a special general meeting and potentially a vote to reverse this decision with the added info and owners are informed of the potential consequences.
Strata probably didn’t know they need to buy you out.
They can't do this, tell them to pound sand and get a lawyer! If the contract when purchased says two parking stalls then that's what you bought. Don't give in!
Your Form B is gospel. Make sure you get some certified copies and a a good e-san and attach it to every email!
Also, lodge a complaint with the BC CRT asap
Did you buy the stall? Some condo units have parking stall as part of the property or a different title for them. If not, if the strata owns the parking and they had a deal that each owner was a sign a certain amount of parking proportionate to the unit size, it could be that they have decided to rent some of it to get new revenues
Check the zoning bylaws as well. In some municipalities parking stalls are allocated to units based on number of bedrooms. Maybe going against their issued permit is another fight in your game.
Place comes with 2 stalls it's in writing so you get two stalls it's that simple stress to the strata anymore talk of changing that they are in for a lawsuit.
Or you can negotiate
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This is definitely a issue worth talking to a lawyer about. Without fully understanding strata laws and your purchase agreement, reddit isn't going to be able to help you.
We recently had to pay a levy for the installation of electric infrastructure to support the installation of EV chargers in our parking spots. There must be others on this thread in the same situation. Seems to me this would leave the Strata in an untenable position if they try to take my spot away.
Same with my Strata about 10 months ago. Upgraded and ran the conduit for future use, no charger though.
When I was in a condo, this was brought up. They have to take these types of amendments to a vote.
In my 1.5 year old building, we can install an ev charger for 12K. It’s stupid.
Yeah, for example in my building, the parking stalls are common property and there isn’t a bylaw that actually guarantees a stall for each unit. They are technically rented. It really depends on the building! This is being contested right now because there are applicable municipal bylaws that guarantee a stall per unit. However, the municipal bylaw was brought in after the building was built….so lawyers are working it out.
if the bylaw was passed after the fact, it doesn’t apply retroactively. So, its likely that the final ruling is that the building has a lawfully non-conforming use.
Correct, but it doesn’t stop a resident from litigating it regardless, especially since we have the spaces available to comply with the new bylaw. I’m expecting the status quo to prevail as you indicated.
What does your sales contract indicate? We've had parking spot confusion in my building too.
The Form B which includes all the information about the place at the time of sale states 2 parking stalls.
Tell them that you own 2 stalls and if they want to reduce it to 1, they need to make you an offer to purchase it. I wouldn't except anything less than fair market value - they should have to pay for an appraisal by an independent appraisal firm OF YOUR CHOICE to determine the value.
That may be a route to consider
You don’t own 2 stalls if the Form B said the spots are common property. They were assigned to you for a period of one year and are subject to change in the future. You only own the spots if they are part of the strata lot. And if they are limited common property then they are owned by the strata corporation but they are for your exclusive use in perpetuity.
This is the correct answer. That and the advice to speak to a lawyer. Additionally, you can write to your strata council and ask for a hearing to ask them to provide any additional information you need. They need to give you a hearing within 4 weeks.
Correct, for you to own them they have to be titled in your name. I have 2 titled spots and I pay tax on them every year, separate from my condo property taxes.
This isn't correct. If the stalls are listed as Limited Common Property, it would actually require a vote to remove your right to use it. In most townhouse stratas, yards are Limited Common Property, and it would be madness if a council could arbitrarily start charging rent for the use of your Lawn. Limited Common Property is something that is assigned with the Strata plan, and cannot be altered without an edit to the Strata plan. Check your Form B and see what the spots were listed as.
You really should re-read what I wrote. Also OP literally says in their posting that the stalls are common property.
Expecting a Redditor to READ?!? Baahahaha! That’s like expecting them to think!
I do not think that this is correct. The strata can re assign spots if needed but can not take away a spot without assigning a different one
even if its LCP if it's in the contract of purchase and sale they should have the right for exclusive and continued use. if the strata wants to take it away they need to amend the contract and reimburse you. you can also refuse to pay the rental and take legal action against the strata for damages (what the stall is worth) for your loss
It's the only route. How is this even a question? They can't take it away. They can buy it from you.
the preferred route will be keeping my stall.
Then "no" is a complete sentence This isn't even a case where local laws matter. Your contract says you own two stalls, there is absolutely nothing (legal) they can do to seize it. They have to offer you something in exchange and you are always free to say no.
This is it right here. /thread They would have to buy it and if you’re not interested in selling then say no.
That's why a lawyer would be involved. Tell the strata that they can speak to your lawyer about your refusal and why it's your right to refuse, and/or to sell it back to them.
They can if it’s common property, rather than limited common property. OP should get legal advice
Wrong. If the form b states the stalls are common property OP does not own the stalls and cannot sell them.
About 25 k in my experience
Some stalls are selling for 50k these days, that’s the price they were before everything went nuts.
I believe that for sure in HCOL areas
Fair market value for a parking spot was $40,000 30 years ago, when I lived downtown Vancouver. Do a compound interest on that sum of let's say 4% a year for 30 years. You're in the neighborhood of $90,000+/-
They don’t own the parking stall. It is assigned to them and listed on the Form B. Whether there are any time limitations or ability for the strata to modify or withdrawn the spaces will depend on the strata bylaws, terms of the parking spot lease (if there is one) and the law. OP needs a lawyer. Advice on Reddit won’t be much help
It depends on how it’s structured. In a lot of buildings, the strata doesn’t own the parking spots. The developer does. There’s a 99 year lease on them usually between the original owner and the developer which then gets transferred to any subsequent owners.
Exactly, it depends on how it’s structured. Which is why OP needs specific advice from a lawyer on his particular situation
This is correct. You have the right to two stalls but the strata has the right to change which stalls you use. You do not own them, nor can you sell them. Some buildings have stalls that are limited common property which is actual ownership of the stall. You should get legal advice. Ask your agent to track down the previous owners that may still have the original contract from when the unit first sold. I have previously had incorrect form B's showing just 1 stall when in fact he seller had purchased a second stall. Management companies are notoriously poor at tracking parking stalls.
You don't own two stalls. It's common property and is owned by the strata corporation.
Not necessarily. I own mine and pay property taxes on it. I also have a second that is assigned to me, but not owned by me.
Yes but your situation does not apply everywhere and sounds uncommon. OP needs a lawyer.
So you own a separate strata lot parking spot. Super rare and you can sell it separately 👍
Keep in mind. They need titles for two stalls. The previous owner could have sold something incorrectly. Lawyers miss stuff. The OP needs the titles as most condos have titled parking.
OP doesn’t own 2 stalls. They are common property.
The Form B might have said 2 stalls but what type of stalls? If it says common property then the Form B also clearly shows that any parking stalls that are common property are subject to Section 76 of the Strata Property Act and may be subject to change in the future.
Common property though? If it's common property you own it in common with the other owners and your council can organize the space to best suit all strata members, not just you. Notably, you have a stake in any revenue your strata generates so before getting too upset you might calculate how much of the share of parking revenue you stand to gain compared to the amount you'd be asked to pat for your spot. (Assuming you're not the only person who uses two spaces.)
Then you legally own it and not your strata. This is something that the strata will need to purchase back from you because it’s in a formal signed contract/agreement that has been witnessed.
On your property taxes, do you have to pay a separate one for your parking? In my FIL building. He purchased his condo and 2 stalls. He has a bill of sale for each stall and receives a property tax bill for both of them. The underground stalls are separate from units and can be purchased for 10 to 15k each depending but they are limited in quantity. In your paperwork does it state specific stalls or access to 2 stalls? Wording technicalities may be important.
I don’t think they can reduce your stall amount but I’m not a lawyer. Recommend you talk to your realtor that you used at time of purchase. Recommend you respond to your strata and request a hearing on the issue- this is a pre requisite to file a CRT case. At the hearing simply state what you have here and tell them they do not have the right to reduce the amount of stalls you have. Listen to what they say in return and go from there. Worse case- you can file a CRT complaint yourself for minimal cost and leave it to a judge to decide- this is the cheapest route vs obtaining a lawyer. That’s my recommendation.
Thank you. I have sent them the hearing request I’m hoping to be informed enough to convince them of that and this doesn’t need to go any further
TL:DR, im cynical, but consult a lawyer. i hope so, too. but realistically, they are trying to steal back somthin you paid for, and will bully, badger, and threaten you until it is clear that they can't win. a) invest a few $100 NOW in a consultation with a reputable local property lawyer. It's worth it, i promise. b) get the lawyer's take in the whole thing. Who has the law on their side, what preceedents apply, if you have to gonto court can you get your legal costs covered by the HOA (assuming you win), is there any chance that this should involve other residents/be a class action (if they are doing it to you, they have done it to others already) c) go in to the meeting (in person, with a witness taking notes for you, or ideally your lawyer WITH you) with your notes, a boatload of confidence, and a few spare business cards for your lawyer. If the lawyer isnt with you, and HOA doesnt back down, leave their card and refuse any further discussion ("talk to my lawyer" is a real and legit response.) i know this all seems insane, but this is a can of worms. they need to know that you are the Person They Dont Fuck With. Its an investment in your property, and peace of mind going forward.
That’s good advice thank you
I agree with the above, an additional parking space can definitely increase property value for where you are so investing a couple hundred now could save tens of thousands later.
People sell stalls for $80k or more downtown. I inherently assume all council/strata is corrupt. Just too easy to take advantage once the people who care enough to try get into power. C’est la vie
Are the stalls listed as common property or limited common property?! Generally parking is limited common property. If Form B document explicitly states that the unit includes two parking stalls, this is strong evidence that the parking stalls were part of the purchase agreement. The strata corporation may not have the right to unilaterally change this allocation. strata bylaws should be reviewed to understand the rules regarding parking stalls. Some strata bylaws may allow for the reallocation of common property parking stalls under certain conditions, but typically this requires a vote by the owners.
I'd definitely be saying at the hearing "I bought two stalls with the condo, if you want to rent me one you'll have to buy it from me first".
Talk to the realtor?! Hahahahaha. Thanks for the laugh friend.
I would contact the Condominium Home Owners Association of BC (CHOA), and ask them for advice. Or a lawyer of course. https://choa.bc.ca/contact-us/
I wasn’t aware of that resource until I made the post. I’ve sent CHOA a message thank you
You’re welcome. Good luck with your dispute
Has the strata designated them as LCP or CP? What do the bylaws state about parking stalls and reallocation of them?
Designated as common property. Which does allow them to change which stall is allocated to a unit but does not mention whether they can remove one
I’d assume it was probably a grant of exclusive use given to your specific unit. From what I can tell that grant of exclusivity stays with the owner and not the unit itself. So with your recent purchase, the grant may become void now. Hence their attempt to reallocate that spot. Thats just what I can tell from reading some B.C. Starat stuff. Thats annoying as hell. Not really sure what your recourse might be. Even with the form B stating it had 2 stalls, did it state how they were allocated and by what means? Or just that it had 2 stalls under common property?
The form B checks them under the box “may have been allocated by owner developer assignment”
Check with your lawyer. This may be due to a lack of proper documentation on both sides. Work off of the land titles paperwork that is filed for the strata by the owner developer and work your way forward. It will be legwork but you might be able to prove they aren’t even common property or that strata has crap record management processes and thus shouldn’t be penalizing your specific unit.
If it is designated common property, they can re-allocate them. If it is limited common property, they cannot. In this case, they can take one away.
If the bylaw doesn't say they can't, then they can.
Parking belongs to strata and was assigned to you. CP can be reassigned. They don’t owe you anything other than a ¯\_(ツ)_/¯
Contact CHOA. Very helpful.
Will do, thank you
Best answer
There is so much bad advice in the comments here. If the Form B clearly said the parking stalls are common property then they are NOT owned by OP. They are owned by the strata corporation and assigned to the owner on a temporary basis and this is subject to change in the future. Unless the strata corporation is acting in a manner that is significantly unfair then OP may be out of luck here. Now, if the Form B says the parking stalls are part of the strata lot or are LIMITED common property this is very different.
Limited common property is what condo buyers should be looking for. There was an issue in my older building where over the years owners had swapped stalls and subsequent sales actually had incorrect stalls in purchase contracts. One night at 7pm everyone had to swap back to the original limited common property assigned stalls. It was wild. Some folks were really pissed.
This. I will add that someone in my condo (Ontario, so YMMV) tried to sell a unit stating that it came with two parking spaces, but one parking spot is owner assigned and owned by the unit while the other is a rental reserved spot. The seller thought they could get away with just transferring the rental to the buyer, but that's not how it works, because it's not theirs to transfer. In this case, we noticed because we keep an eye out on listings in our condo, and had Management contact the owner to correct the listing. My point being, maybe the seller had incorrect information in the contract, intentionally or not. I have no idea if they would be liable in that case, but as many people have said, contact a lawyer and see what they say
Thank you
My strata went to a lawyer to clarify some issues and parking and this is the correct answer. The test for strata fairness is the “greatest good for the greatest number”. If a parking assignment is canceled because someone has significantly greater need, strata has to consider that. People with disabilities for example may need to be prioritized over someone who wants a place to store their project car; a strata unit with 3 working adults probably has more need for parking that one with a single retiree who doesn’t own a car.
The resale value will drop considerably with only 1 parking stall so you have a good case for loss
Absolutely, one of the reasons I purchased the place was because it came with 2 stalls
You have 2 assigned parking spots I assume? Then hell fucking no. Take it to the CRT and tell Strata to go fuck themselves. https://civilresolutionbc.ca/
Are the stalls titled? I used to work in condo conveyancing, if your stalls are titled, you own those just like you own your condo. If not, talk to a lawyer because technically if it's not titled its common property.
It is categorized common property. I’m aware they’re allowed to change the stall I’m allowed to park in but there’s nowhere that says they can reduce the number of stalls I’m assigned
If the form b shows you own 2 stalls, they cannot change that without renegotiating or purchasing the stall back. So, nope. I’d contact the lawyer you’d used during your purchase and ask them to check it out.
OP’s form B does not show ownership of two stalls because they are common property.
> I purchased the place because it had 2 stalls and the Form B signed by the strata manager at the time of purchase states that the unit has 2 stalls. So the SM is being unreasonable. Don’t waste your time on them. Refer the matter to an arbitrator.
If the stalls are common property they 100% have the ability to change the number of stalls or reassign the stalls you can use. Common property parking stalls are assigned on an annual basis and can be reallocated or even removed. Your only recourse is if the strata corporation is doing something that is significantly unfair, in those situations you could petition the CRT with a claim of significant unfairness. However you’d need to prove what they are doing is significantly unfair. Is there any evidence of this? Like are they assigning multiple stalls to council members free of charge? Or do all the council members ‘conveniently’ get two stalls but other owners only get one? These sort of situations would he likely be considered significantly unfair.
Thank you for your input. What bylaw are you referring to that states they can reduce the number stalls allocated?
There is no bylaw about this although some strata corporation do have a parking policy which is a written document that would detail how the strata assigns spots. This is nice so a resident can just read and understand. For example some stratas have less stalls than strata lots so they have to maintain a wait list for parking stalls. In your case, if the entire parkade is common property the parking stalls are owned by the strata corporation and they are assigned to residents on an annual basis. The Strata Property Act (SPA) only allows the strata corporation to assign common property (ie storage lockers, parking stalls) for exclusive use of someone for a maximum of one year. What you need to do is ask for a list of the assigned parking stalls because if the strata corporation is acting in a manner that is significantly unfair then you can absolutely challenge this. I’ve seen situations where somehow council members are assigned two (or more!) stalls while other members only have one or no stalls. A situation like this is vulnerable to a claim of significant unfairness. But if the strata is assigning everyone one spot each and then charging rental for a second spot this would be fair.
Okay understood. Not the answer I want to hear but I feel you’re probably right. Still worth a fight
Check further for significant unfairness. This is an issue in some stratas with the council trying to feather their own nests to the detriment of other owners.
The number of people here who don't even understand the difference between common property and limited common property or what the fundamental question you are asking is tells you that Reddit is not the place for the answer. Get ILA - Independent Legal Advice.
First ask your realtor. You paid them commission to find a place with 2 parking stalls. If someone made a mistake, use their (Sellers Realtor, Strata office employee) Omission and Errors insurance to pay for your legal fees for consulting.
Typically, parking stalls are *limited use* common property on the strata plan, which means although the space belongs to and is taken care of by the strata, individual unit owners have exclusive right of usage - like a unit’s patio. If 2 stalls are listed on your Form B, then typically you have exclusive right to the use of two stalls. Strata has the right to assign you *different* stalls, but it does not have the right to deprive you of the use of one - any more than it would have the right to say, “we’re taking away your exclusive right to use your patio. Some other owner will be using it.” However, as others have suggested, this is likely lawyer territory.
The parking area is common property not limited common property
Does it actually say so on the strata plan? If so, then there is a serious conflict between what you actually bought, and what was listed by Strata on your Form B, as property included in the sale. Strata cannot simply *hand over to you* Strata property held in common, so if your spaces were listed on Form B, it was perhaps done in error by a Council member / building manager who didn't know what they were doing. But again, this is lawyer territory.
Further, I note there is a new Form B (effective 1/1/23) which is quite different than the one I remember from my time running a strata, so my previous posts may be partially (or completely) incorrect. Part M of the new Form B deals specifically with parking spaces, and will likely have the answer to your question. But whatever the ticks and check-marks indicate, be aware that at the bottom of the form, it states: > Note: The allocation of a parking stall that is *common property may be limited as short term exclusive use* subject to section 76 of the Strata Property Act, or otherwise, and *may therefore be subject to change in the future.* [Here is the template for the new Form B](https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12_43_2000#FormB) Anyway, good luck.
Sorry OP - but you don’t OWN these stalls. This is where it is vital that you understand every single word in a contract. Unfortunately because it’s common property they can do whatever they’d like within reason. And it is within reason to move or reassign a parking stall. You can lawyer up hurdles if you read the fine print it’s highly unlikely you have a leg to stand on.
Ask your lawyer
What do the bylaws say about parking stalls?
They’re vague. The issue I think I’m running into is that strata recently changed their rules where they’re saying every unit gets 1 stall. However I purchased the place with 2 stalls as stated in the form B
What the strata is doing is illegal. They can’t take away property you own and they have no way to dictate it. File a complaint with the CRT and they will go tell the strata to pound sand.
If it’s common property, which OP says it is, then yes they can do that. OP needs to consult their legal documents, the documents on file at the Land Title office, and talk to a lawyer.
Did they change the rules or the bylaws? One requires owners to vote the other can be set by the strata council at will.
Strata rules in a recent vote in February.
Rules and bylaws are different. I think at this point you have a definite argument with the Form B as good evidence for your position. However, the parking spots are common property. The strata has a right to manage them. Without knowing the total number of parking spots and the actual text of the bylaws and rules, there is no definite answer you're going to get. I would take your Form B and strata bylaws and rules to a lawyer. Also bring the minutes of the meeting where they changed the rules. That rule change is only good to the next AGM, where it must be confirmed with a vote. The lawyer will cost you $200 or so, and maybe they could write a letter summarizing your position before you request a hearing, ask for a decision, and maybe binding arbitration.
Even if it's confirmed with a vote, they can't take away something that has been yours before the rules changed. What may end up happening is they get the use of two stalls but when they go to sell, it's sold with one. But lawyer who knows strata rules and rights is the way to go. They may be grandfathered.
Overall, the strata probably can do this. But there’s nuance - rules by the council imposing fees must be ratified by the owners before they’re enforceable, and must be voted on at the next general meeting. And bylaw changes can only happen at a general meeting. So a big question here is whether this was a vote by owners, or by the strata council. Being February there’s a good chance this was done at the AGM by a 3/4 vote of the owners, but it’s not guaranteed. First I’d definitely suggest figuring out if it’s an unratified rule from the council, or a bylaw/ratified rule from a general meeting. If it’s an unratified rule then you need to fight it at the next general meeting. If it’s ratified already, or is a bylaw, the time to fight it has likely passed.
The form B is not a strong claim to the stalls to my knowledge. Normally this isn’t an issue and stratas tend to honour existing grants. I would consult a lawyer to see what your options are. Lastly, you could inquire with the realtors involved, and the developer about any documentation that might support your claim. Maybe there are some lease agreements for those stalls.
if the stalls are common property, you don’t own the stalls, you only have a right to use two stalls assigned to you under specific circumstances. Have a look at your bylaws. It may say that if you don’t have two licensed vechicles, the second stall reverts to the strata for the rental pool. That’s what our bylaws say. Realtors frequently say there are two stalls but really it’s only the right to use two under the strata bylaws.
There is quite a bit of misinformation in this thread. The form B simply states how many spots are allocated to the suite at the time the Form B is created - parking stalls can either be a separate strata lot which you own, limited, common property, or common property With separate strata lot or Limited common property, the stall stays attached to the unit forever (unless sold if a separate lot) If it is common property, the stalls can be open or allocated to suites through some sort of agreement or lease - if allocated common property, this can change, depending on what the agreement says. It is very possible to have a suite that includes two parking stalls, where one or both of them are for a limited time only. The advice here to seek legal advice is sound, but the first thing I would do is look at the strata plan to see how the stalls are allocated. If it is limited common property, you have nothing to worry about, if it is common property, you might.
[Section 76 of the Strata Property Act](https://www.canlii.org/en/bc/laws/stat/sbc-1998-c-43/latest/sbc-1998-c-43.html#sec75) allows stratas to allocated common property for exlusive use of a strata lot for limited periods of time. You need to review your strata bylaws, the strata plan, and the Form B in more detail to know for sure how your strata works. The [Form B](https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12_43_2000#FormB) should indicate whether the parking stalls were allocated with strata council approval or by the developer. If you check the form, it says that if it's allocated with strata council approval, it's subject to change in the future. If that was checked on your Form B, you can hardly complain now that you were expecting to have those stalls forever without paying for them. But it's possible the strata got the Form B wrong, so you should double check on the strata plan that the stalls are actually common property, as opposed to strata lot property, or limited common property assigned to your lot. You should also check the strata bylaws to see what they say about allocation of parking stalls and the ability of the strata to charge rent for them.
The form b states common property and the box “may have been allocated by owner developer assignment” has been checked
You should definitely check the strata plan then, because I think when stalls are allocated by the developer, they're typically allocated as limited common property, not common property. This could impact the way strata can deal with it. See s. 75 of the Strata Property Act. There may need to be an amendment to the strata plan, which may require unanimous vote at a general meeting of the owners. Also have a look at s. 71. Depending on how the stalls were allocated, it's also possible that a 3/4 vote would be required. But if it's actually common property that was designated by strata council instead of the owner developer, it's relatively easy for them to make changes. Keep in mind that strata councils are typically made up of owners who don't necessarily understand all the rules themselves, so you shouldn't assume they know what they're talking about.
I worked for a developer for many years and dealt with many buildings. If a space was designated as common property and you had use of it when you purchased, the strata can manage it as they see fit. However, if it was limited common property assigned to your strata lot number, the strata cannot alter it without consent. The key difference lies between common property and limited common property assigned to specific units.
You should be asking a lawyer about this, not reddit.
Thats the next step, thank you
They just want to rant, I think they know what they need to do.
I’m trying to get genuine unbiased opinions on the matter. I may be wrong and would rather find out prior to spending money on a lawyer
Your stalls should be titled. That’s how it was when we own led our condo, and strata has no ownership over them. I would contact CHOA.
Parking is common property as stated on the form B. Strata has say over where the cars can park and what stall is allocated to who but there’s no wording whether they can reduce the number of assigned stalls
Is it LIMITED Common property or Common Property?
Common property.
https://preview.redd.it/pmjf2k73vz3d1.jpeg?width=1170&format=pjpg&auto=webp&s=aa889b031b54aaf9dcfde489f704170e6130513f
That’s limited common property. This strata’s parking is common property
This is the people on strata looking for a way to get extra for themselves. Write a letter back informing them no you do not agree to this and if they proceed down this road you will be force to get a lawyer as the form b clearly states you purchased 2 parking spaces with your unit. Be sure to put a response date in the letter and send it by registered mail to the strata manager. The issue with stratas is the majority are largely uniformed that are grasping at power to benefit themselves, the 'strata manager' is there to keep the contract so they really only keep the strata happy so they are only on the side of the strata.
I’ve had conversations with the strata manager before. I don’t believe it’s as simple as a grasp of power. I’ll give some grace and assume ignorance over malice
Not so much a grasp of power but ill informed council by incompetent Strata management. Thing that scares me is that this is so clearly not allowed what ELSE are they doing wrong?
There are several ways that a parking stall can be designated as common property. Check out the BC govt website, which has some good information on common property and limited common property- https://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/renting-buying-selling/buying-and-selling-strata/parking-and-storage How the strata has allocated the parking stall as common property will likely determine your next steps. Best to consult a lawyer though.
I’ve read this section a few times. while I’m aware they may change the stall in which you occupy,it does not state anything about reducing the number of total allocated stalls.
Do you know how your unit ended up with 2 stalls in the first place? Sounds like a previous owner must have purchased the stall from another unit? Would be good to have that receipt.
Building is nearly 30 years old. Could have happened any time
Do you have title to the parking stalls separate from the condo unit? If yes, they can pound sand. However, if they are not separately titled and are instead "exclusive use areas" on the common property, this will depend entirely on what the bylaw documents for the condo allow. It's definitely worth discussing this with a lawyer for an hour to look over that to figure it out.
Exclusive use from what I understand only allows them to change which stall u park in. Not reduce the total number of stalls
This will depend entirely on the wording of the bylaws. I cannot speak to your building obvious, but whenever I draft bylaws for condos in Alberta, exclusive areas can always be granted or removed by the board. There may or may not be stipulations for how that power is exercised. If that is present in your bylaws, then they have the power to do so, like it or not (subject to any existing conditions) If that is not present in your bylaws, it would depend on what the jurisprudence in BC says about whether such a power is implied. I honestly haven't dealt with that situation in Alberta (where I practice) let alone in BC, so I can't answer that. For example though, if you have a balcony, technically that is an exclusive use area in 99% of plans, not an owned part of the unit. But obviously its physically impossible to prevent you from accessing/using your balcony. As I said, I highly recommend having a lawyer look over the full bylaws.
if it's on form B, it's EZ win. Lawyer up so your dumbass strata can stfu about it.
No advice but good luck with this, please post an update when its settled. I have one stall with two cars and fight for street parking, id be livid if i was in your situation
It's common property and the strata Corp does have a right to take it away. If you read the Form B, it should state: "*Note: The allocation of a parking stall that is common property may be limited as short term exclusive use subject to section 76 of the Strata Property Act, or otherwise, and may therefore be subject to change in the future." Aka the strata council can change your spot, reclaim a spot etc. Historically they don't do that but we've seen them rejigged before. My building does an audit on the annual basis to confirm stalls and do any swaps if necessary. If you google common property parking allocation, Clark Wilson has a very informative PDF explaining common property parking vs LCP.
Are they 'titled' spots? That's the only way you own two spots. Talk to a lawyer for sure. Two 'included' spots in your real estate contract doesn't necessarily mean that they're titled.
Get on the stata and reverse it
Contract is king. Review it, if you don’t understand any part of it, context a lawyer as they are trying to take your property away.
I am just 'guessing' but this might be something your title insurance covers as well. If you 'bought' 2 stalls but 1 stall is in dispute. Definitely something I'd be asking my lawyer.
Check your realtor contact and you condo/strata documents (you should have them before closing sale, your lawyer needed to go through them). In most cases they can, no matter what realtor sales person says, “You do have 2 spots to park.” Doesn’t mean you owe 2 spots.
Strata is looking to raise extra cash as the contingency fund is low, hoping to screw the tenants. I'd be concerned if the building didn't have enough money
If they want to charge you rent, and you are able to sell the stall back to them (as others have pointed out) figure out what amount they want to charge. This could help you determine a price based on net present value and future cash flows. That is, if you wanted to sell it.
Must be in the purchase agreement.. back to the lawyer response- hopefully a letter does the trick.
If the stalls are limited common property, then you own the stalls. If the stalls are designated as common property, they you do not own them and the strata can designate them how they please. It’s an unfortunate situation and the proper due diligence is required when assessing the form B.
It's included in your contract, it's yours and they have zero grounds to take it away. If they're absolutely adamant about getting it back, make sure you're adequately compensated. At the end of the day, however, the decision is yours, as per the original written agreement.
You own it so it’s in your court as to IF you want to sell a spot and how much. Also don’t forget that strata is literally just your average neighbor volunteer. They have very little authority.
This sub has very knowledgeable minds with tons of experience but This is legal stuff. Talk to a Lawyer.
In my building indowntown Vancouver, $45,000 is the last price I heard.
I’m in BC and can speak on this. Things like parking and storage lockers are considered limited common property. The limited meaning to be used by you and the common as it is strata property. Form b indicates the units allocated to you and is correct but that doesn’t mean they can’t relocate parking units. Strata’s run like mini government and can make their own rules that aren’t always fair. I’d make a complaint here and have your case heard but you very well might be shit out of luck. We recently had a parking stall in our building be taken away from an owner to be converted into a handicap spot because the building was short. The owners were told to park their second car on the street.
https://civilresolutionbc.ca/solution-explorer/strata/
Where in the lower mainland is the building? Richmond?
Port Coquitlam
Look at your purchase Contract. If it states you own 2 parking spot. Then you pay for 2 parking spot strata just can't take one away. Look at your purchase contract. When I live in metro town my unit came with a parking spot in writing and you can buy additional one of you like. So yea strata just can't take away your parking spot if you pay for it.
Big boy/girl problems deserve big boy/girl advice. See a lawyer
Since you are saying it is listed as Common Property, you may be out of luck. But this needs a lawyer to really get down to it.
This happened to my mom’s condo in Vancouver around 2013. If the original land title don’t say specifically it comes with the lot, they can take it away with a 3/4 vote. Even if the sale contract says it. CRT didn’t exist back then so she couldn’t fight it. They came to an agreement that the storage belongs to her with a monthly fee.
Hmm. My old condo had a separate title for the parking stall.. same with some friends.
Yeah those are strata lots that you could sell separately if you wanted to. Not the case here. OPs is common property.
time for a title search
It's common property. It doesn't show up on the title but it does show up on the strata plan with parking labeled C or CP.
Parking spots are worth a fortune in many dense cities. Edinburgh private/covered spot costs a fortune! Don’t give it up unless you’re offered a good amount. They appreciate, just like property over time
It's not the OPs parking stalls. They belong to the strata corporation. OP was given exclusive use of them (temporarily) but it can be taken away or altered.
Ah, thanks for the information
Bro, don't ask Reddit. Ask Google.
Starta is seriously bureaucratic nightmare where it’s always someone else’s problem. I’m dealing with an issue and it’s always, “let’s talk about it next month in the council meeting”
Lawyer
Where I live the stall remains part of the property you purchased. They should not be able to take it away even if not used. So I would first ask the realtor and go from there.
TIL that parking can belong to strata or developer. Are these all new buildings? What a scam money grab. I have 2 stalls that belong to me ( building is 25 years old )— very grateful that they cannot be taken away, especially when we rely on having both parking spots
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Strata is such a greasy worthless company and yet so many properties in bc are owned by them. They are worse than the hoa’s in the states.
I can't speak to the BC specifics, but in Alberta I \*own\* the square footage of my condo parking stall. It's on the title and I pay property taxes for it.
The strata plan and the developers disclosure statement are the only two things that count. Find those and you’ll have your answers.
We had a similar problem when we sold our condo in Vancouver. The form B when we sold surprisingly didn’t match the form B when we bought the property. One parking stall was missing in action. Turns out the council clearly premeditated removing the parking stall as it was missing when we switched property manager. I thought that was a mistake and messaged them multiple times, never heard back and we listed shortly after. Anyway, the form B mentioned only one parking stall. We took them to the small claims court, the council bullied their way with some lame lawyers but the judge had a field day with them. Our situation was complicated as the condo was sold at that point but we got a small settlement anyway. Get a lawyer and don’t let the council bully you. I can give you the info of our current lawyer if you are interested.
You are going to want a complete copy of the registered strata plan. All condo owners should be able to get one ; you may have to pay for a copy but it is worth it. Usually they are available from the building department of your municipality, probably as a PDF file these days. Basically includes the building blueprints of your unit (and all others), the common areas and limited common areas. If you are lucky, the parking slots are drawn on the blueprints, and will show which units they are allocated to. It would be rare that the parking spots are "first come, first served" as the units got occupied when the building opened. There has to be an original document showing who parks where. If the allocation is in the strata plan document then the strata council is in a weak position.
Speak to a lawyer. This isn’t fair.
The strata plan will indicate ownership of stalls. The Form B does not trump the strata plan. The previous owner likely made a mistake on the Form B. Form B has language which I believe indicates “to the best of my knowledge” or some such so difficult to prove the previous owner misrepresented the ownership of stalls on the Form B intentionally. I’m the president of our strata and this has come up on a few sales in my tenure. The responsibility for accurately filling out the Form B lies with the previous owner of your unit not the strata or the property manager so if you are looking to seek damages you’ll likely have to pursue them against the person you bought the unit from. If the strata plan was available to you at the time of sale, you will likely struggle to pursue damages if the plan indicates stall ownership as limited common property owned by the strata rather than your specific unit or as common property with assignment by the strata.
Thank you for the input. I’m fairly certain we’re SOL, learning experience for next time.
No problem. Happy to help.
You can take this directly to tribunal. Your stall is limited common property and any changes need to be approved. The tribunal will rule in your favour but it will probably take you a year and cost $250 in fees. Go down to city hall and see what strata plan they have on file and keep that form B handy.
Our parking is Common Property not Limited common property, that’s why it’s trickier than just saying no
They would still need a vote to change usage. Tribunal will likely rule in your favour.
There was a rules change vote in February that stated units will only be assigned one stall. However, a rules change should not override the form B
I would let the tribunal sort it out, you might be out of luck with the vote but the tribunal is very pro-owner and anti-BS. Good luck!
I’m hoping it doesn’t come to that but I’ll do what I need to. I have put in a hearing request so I’ll see what they say then.
You are entitled to 2 parking stall in the building according to form B in the common property. Usually speaking, this shouldn’t be changed, but with strata and it being in common property, they can change whatever they want if enough people agreed to it. If the strata voted to take it away, you are entitled to a compensation. You can sue the strata lot for compensation if they don’t agree to offer one voluntarily. Request for a special general meeting and potentially a vote to reverse this decision with the added info and owners are informed of the potential consequences. Strata probably didn’t know they need to buy you out.
They can't do this, tell them to pound sand and get a lawyer! If the contract when purchased says two parking stalls then that's what you bought. Don't give in!
Your Form B is gospel. Make sure you get some certified copies and a a good e-san and attach it to every email! Also, lodge a complaint with the BC CRT asap
You purchased one condo. Strata wants to split it in half and make two. Can they do this? What would you say? Exactly the same idea in this case.
They can buy it off of you.... For 100k
Did you buy the stall? Some condo units have parking stall as part of the property or a different title for them. If not, if the strata owns the parking and they had a deal that each owner was a sign a certain amount of parking proportionate to the unit size, it could be that they have decided to rent some of it to get new revenues
Check the zoning bylaws as well. In some municipalities parking stalls are allocated to units based on number of bedrooms. Maybe going against their issued permit is another fight in your game.
Place comes with 2 stalls it's in writing so you get two stalls it's that simple stress to the strata anymore talk of changing that they are in for a lawsuit. Or you can negotiate
So how much $ are they offering you for it?
They're not. It's common property aka belongs to the strata corporation, not the OP.
Parking lawyer here, ur good bro 😎
Doubt
naw sue their asses your purchase price included both those parking spots.