Parking and storage

You may be able to file an application with the Tribunal if you tried the previous steps and it did not work. The Tribunal provides an online dispute resolution system that helps condo communities resolve condo disputes conveniently, quickly and affordably.

Filing an application with the Tribunal is a serious matter. A Tribunal application is a legal action, and applicants are required to provide evidence and arguments to prove their case.

You should think carefully and build your case before filing an application. This includes identifying what outcome you want, how the law applies and how you can prove it. Use this worksheet to get started. 

The Tribunal is guided by the open court principle and is committed to transparency and accountability. The Tribunal will provide public access to adjudicative records included in applications in accordance with the CAO’s Access and Privacy Policy. Condo corporations may also be required to disclose the existence and status of Tribunal applications in information certificates and in status certificates. The Tribunal encourages you to review its Practice Direction on Confidentiality if you have any questions or concerns about what information is confidential.   

Only owners, mortgagees and condo corporations can file a parking or storage-related application with CAT.

The Tribunal can deal with issues that occurred within the last two years. The Tribunal can extend this timeline to three years if it wouldn’t be unfair to the other parties, but extensions are not guaranteed.

The Tribunal can deal with five different types of parking and storage disputes:

1. Compliance with provisions in the condo’s governing documents related to parking or storage.
   • Examples:
     • An owner or occupant is parking in a space not assigned to them under the declaration or rules.
     • A corporation takes enforcement action against an owner for using a storage locker in a way that is prohibited by the rules.

2. The consistency or reasonableness of those provisions.
   • Examples:
     • An owner believes a parking rule is inconsistent with the declaration.
     • An owner challenges a storage rule as being unreasonable or overly restrictive.

3. The applicability of those provisions.
   • Examples:
     • A dispute about whether a parking rule applies to visitors, tenants, or certain types of vehicles.
     • An owner disagrees with the corporation’s position that a storage rule applies to a particular unit or common element.

4. Procedural issues in implementing or amending the declaration, by-laws, or rules related to parking or storage, including the improper use of policy as an enforcement mechanism for these provisions.
   • Examples:
     • An owner challenges the validity of a new parking rule that was implemented without following the required process under the Condo Act.
     • A corporation attempts to enforce a parking or storage “policy” that was not properly enacted as a rule or by-law.

5. Any related indemnification or compensation.
   • Examples:
     • A claim for compensation related to the loss of use of a parking space.
     • A dispute about costs or damages arising from the enforcement of parking or storage provisions.