Expensive Tony: Over the previous two years, our strata council has created a little bit of a parking fiasco that has developed right into a full-blown conflict with house owners.
In 2015, we had an proprietor submit a particular request for the particular wants parking area near the elevators as a result of she had surgical procedure that resulted in restricted mobility.
To facilitate this proprietor, we needed to transfer two automobiles. One exchanged along with her area and the opposite needed to be moved to a decrease stage, which resulted in a domino impact of parking areas being moved round. On the time nobody complained.
In June, a brand new proprietor moved in and demanded she be given the 2 parking areas for her unit that have been proven on the strata plan. Sadly, the one method we might accommodate her was by shifting different house owners, whereas nonetheless accommodating the particular wants area.
We indicated to the brand new proprietor this may trigger a critical parking drawback and request that she settle for two areas on a decrease stage. She has flatly refused. The one parking area she was assigned on the Type B shouldn’t be the identical because the areas proven on the strata plan, and on the time of buy, nobody indicated the parking areas have been allotted any in another way.
If we allocate her use of those two parking areas, we find yourself with many sad house owners as a result of we don’t have spare parking allocations.
Can we amend our parking allocations by having the house owners vote at a common assembly and set a parking plan in our bylaws?
Gordon D., Vancouver
Expensive Gordon: When a brand new improvement is created, the allocation of parking is mostly managed by the proprietor developer as strata heaps are bought.
In lots of strata firms akin to yours, the proprietor developer information the allocation of parking within the Land Title Registry and designates the parking areas as restricted frequent property for the unique use of the strata heaps registered on the plan. When an allocation of restricted frequent property is filed by the proprietor developer within the prescribed time durations set out by the Strata Property Act, the designation of LCP can solely be eliminated or amended if the strata company passes a unanimous vote at a common assembly of the strata company.
A unanimous vote requires each strata lot — all of the votes by all of the eligible voters — to vote in favour of the decision. All 116 of your 116 models/votes should vote in favour of the modifications to the LCP created by the proprietor developer, and the amendments have to be filed within the Land Title Registry.
The brand new proprietor is right: her parking is allotted to her use and the strata company doesn’t have the authority to allocate the areas to a different particular person.
Whereas house owners typically conform to altering parking areas with different house owners due to entry, the scale of the automobiles or variety of automobiles, house owners should perceive the consensual alternate of areas doesn’t change the LCP allocations, and will end result of their dropping entry to unassigned parking sooner or later.
Whereas a purchaser depends upon the data disclosed in a Type B Info Certificates earlier than they buy, the registered strata plan and any amendments filed within the Land Title Registry would be the correct document. Full the varieties precisely as they’re described and establish how the parking is allotted on the strata plan or any amendments filed by the developer or the strata company.
Whether or not it’s your strata-management firm or a council member finishing the varieties, accuracy is crucial. Earlier than you full the Type B, confirm the parking allocations and designations from the registered Land Title Paperwork.
Tony Gioventu is govt director of the Condominium House Homeowners Affiliation. Electronic mail email@example.com