To prevent these types of issues from occurring, it is not uncommon for condo corporations to restrict when, where and how owners and occupants can use their vehicles on the condo corporation’s property.

If your condo corporation has such restrictions, they would normally be found in your condo corporation’s declaration, by-laws, and rules (collectively called “the governing documents”).

Most vehicle-related disputes are about what these documents say, what they mean and how they are enforced.

Many condo corporations have provisions in their governing documents that:

• Set speed limits for vehicles on the condo corporation’s property.
• Limit what owners and occupants can do with their vehicles.
• Limit where owners and occupants can use their vehicles.
• Prohibit keeping or using certain types of vehicles, or vehicles of a certain size, on the condo corporation’s property.

Here are some examples of common vehicle issues:

• An owner or occupant is exceeding the speed limits.
• An owner or occupant is idling their vehicle on the condo corporation’s property, which is against the condo corporation’s rules.
• An owner or occupant is driving their vehicle on the grass, which is which is against the condo corporation’s rules.
• An owner or occupant has brought a vehicle that is prohibited onto the condo corporation’s property.
• An owner or occupant is driving a vehicle on the condo corporation’s property in a dangerous or reckless way.

Vehicle issues are closely related to parking and storage issues. For more information on parking issues, please visit our Parking and Storage page.

Every condo owner and occupant is required to comply with the  Condominium Act, 1998 (“the Condo Act”), and with the condo corporation’s governing documents (i.e., its declaration, by-laws, and rules).

If you are having an issue involving vehicles, or if you received a complaint about how a vehicle of yours, you should start by reviewing your condo corporation’s governing documents. If your condo corporation has provisions in its governing documents relating to vehicles, they are most likely to be located in the declaration or in the rules.

By reviewing these documents, you can determine what is and isn’t allowed in your condo corporation when it comes to vehicles. For example, your condo corporation’s governing documents may contain provisions that:

• Set speed limits for vehicles on the condo corporation’s property.
• Limit what owners and occupants can do with their vehicles.
  • For example, there may be rules against idling a vehicle or performing repairs to a vehicle on the condo corporation’s property.
• Limit where owners and occupants can use their vehicles.
  • There may be rules against operating a vehicle on the grass or other locations.
• Prohibit keeping or using certain types of vehicles, or vehicles of a certain size or weight, on the condo corporation’s property.
  • For example, your condo corporation may prohibit bringing vehicles over a certain weight (e.g., flatbed trucks, trailers, RVs or other types of mobile homes) on the condo corporation’s property.

Don’t have a copy of your condo corporation’s declaration, by-laws or rules?

A condo corporation’s governing documents are required to be consistent with the Condo Act. In addition, a condo corporation’s by-laws and rules must be consistent with the declaration and must be reasonable.

How does the Condo Act apply?

Under section 17 of the Condo Act, condo corporations are required to enforce compliance with the Act and with the condo corporation’s governing documents. If an owner or occupant does not comply, then another owner or the condo corporation may take legal action against them, including filing an application with the Condominium Authority Tribunal.

Under the Condo Act, all owners and occupants are required to take steps to prevent dangerous situations from occurring. This applies regardless of what your corporation’s governing documents say. If you are doing something with a vehicle on the condo corporation’s property that is likely to be a danger to others or to cause damage, you should stop immediately.

Have a Question?

We strongly recommend that you attempt all the steps below in sequence (where appropriate) before taking any further steps.

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