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B.C. condo owners sue strata because assigned parking stall is 㽶Ƶֱtoo narrow㽶Ƶֱ

Strata says the new owners should have inspected the parking stall first
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A dispute over the size of a parking stall in the underground garage of a condo building ended up in court.

Colin Hawes and Shuyu Kong, who co-own a strata lot in a building in Vancouver, took the strata to the B.C. Civil Resolution Tribunal.

The reason? The parking spot they were assigned when they bought their unit isn㽶Ƶֱt big enough, they said in the CRT ruling, and they wanted a new spot assigned to them.

㽶ƵֱThe applicants say their limited common property (LCP) parking stall is too narrow to safely use,㽶Ƶֱ reads the CRT ruling. 㽶ƵֱThey say the strata misrepresented the parking stall㽶Ƶֱs width to them when they purchased their strata lot. The applicants want the strata to replace their current parking stall with a different one. Alternatively, they ask the strata to compensate them for the cost of having to rent a common property (CP) parking stall. They give their claim a $5,000 value.㽶Ƶֱ

The strata disagreed, saying the fault lies with the buyers for not doing due diligence, said the CRT ruling.

㽶ƵֱThe strata says it made no representations about the parking stall,㽶Ƶֱ according to the ruling. 㽶ƵֱIt says the applicants should have inspected the stall before purchasing their strata lot. It says the parking stalls all vary in width, and the previous owners used the same parking stall without a problem. The strata says the applicants declined its offer to place them on a waiting list to rent a CP parking stall. The strata says I should dismiss the claim.㽶Ƶֱ

The CRT claim listed the size of the parking stall as 2.42-metres wide, but the CRT adjudicator in the case agreed with the strata㽶Ƶֱs assertion that the size was actually 2.47 metres, 14 centimetres narrower than indicated on the strata plan. Parking stalls vary in size in the building, said the CRT ruling.

㽶ƵֱThe applicants say getting in and out of their vehicle is further constrained by a concrete riser and pillar on the right-hand side when facing the stall, which restricts door opening,㽶Ƶֱ said the CRT ruling. 㽶ƵֱVideos the applicants submitted showing reverse and forward parking attempts confirm this. The applicants drive a compact crossover sport utility vehicle. From the videos, I accept that parking in the stall presents a challenge for a reasonable driver with a normal vehicle. I do not find that it is impossible to use the stall, but I find that it is not easy or convenient. This conclusion is supported by the applicants㽶Ƶֱ evidence that the narrow parking stall has led them to significantly reduce their vehicle use, but not to stop using it altogether.㽶Ƶֱ

Hawes and Kong said they relied on the 㽶Ƶֱinaccurate㽶Ƶֱ strata plan when buying their unit, said the CRT ruling.

㽶ƵֱThe applicants㽶Ƶֱ submissions focus on the strata㽶Ƶֱs refusal to provide a different parking stall,㽶Ƶֱ reads the ruling. 㽶ƵֱThe applicants say one of the CP parking stalls could simply be 㽶Ƶֱexchanged㽶Ƶֱ for their parking stall. Alternatively, they say the strata could cover the cost of renting a CP parking stall. I find the strata has no obligation under the SPA or its bylaws to provide the applicants with a convenient parking stall.㽶Ƶֱ

In the end, the CRT dismissed the claims and said it would not resolve claims about misrepresentation.

㽶ƵֱWhile the applicants are disappointed with their parking stall, I find it was not the strata㽶Ƶֱs fault that the parking stall did not meet their expectations,㽶Ƶֱ reads the CRT ruling. 㽶ƵֱI find it was not reasonable for the applicants to rely exclusively on the strata plan without inspecting the stall. When the parking stall was not suitable it was also not reasonable for the applicants to expect the strata to convert a CP parking stall to LCP for them, or to give them free use of a CP stall that other residents rent for monthly fee. I find the strata has not treated the applicants significantly unfairly. I therefore dismiss the applicants㽶Ƶֱ claim.㽶Ƶֱ

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Chris Campbell

About the Author: Chris Campbell

I joined the Victoria News hub as an editor in 2023, bringing with me over 30 years of experience from community newspapers in Metro Vancouver and the Fraser Valley
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