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Vehicles

Welcome to the CAO’s guided steps to common issues. The CAO provides the information, tools, and templates on these pages to help condominium communities better understand issues and work together to resolve them collaboratively before they escalate into disputes. For situations where condo communities are unable to resolve their issues collaboratively, the CAO also provides information on the next steps they can take.

If you have any questions about any of the information on the CAO’s guided steps to common issues, please contact us directly.

Vehicles

Vehicles are another common source of disputes in condo communities. The presence or operation of vehicles on the condo corporation’s property can be disruptive to others in the condo community, especially if what’s happening is particularly noisy or dangerous.

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.

How do my condo corporation’s governing documents apply?

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?

You can request a copy from your condo corporation using the mandatory Request for Records form, available on our website.

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?

If you have a question about any of the information you’ve read, please contact us. We have a team available to answer any questions you may have.
How can I resolve vehicle issues? 

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

Solutions for Condominium Boards & Managers >

File an application with the Condominium Authority Tribunal (CAT)

If you’ve tried the steps above and your issue still hasn’t been resolved, you may be able to file an application with the Condominium Authority Tribunal (CAT). The CAT is an online tribunal dedicated to resolving condo disputes.

The CAT is pleased to provide an online dispute resolution system (CAT-ODR) to help Ontario’s condo communities resolve their condo disputes conveniently, quickly, and affordably.

To file with the CAT, your application must deal with one or more provisions in your condo corporation’s governing documents that deal with vehicles, or with indemnification (commonly called chargebacks) related to vehicles.

The CAT cannot accept an application if it does not deal with provisions in a corporation’s governing documents that deal vehicles, and/or indemnification.

The CAT also cannot deal with disputes relating to an agreement between an owner and a condo corporation’s to install an electric vehicle charging system.

How can the CAT help resolve my dispute?

The CAT has a three-stage dispute resolution process.

  • In Stage 1 – Negotiation, you will work with the other parties to try to resolve the issues.
  • In Stage 2 – Mediation, you will work with a CAT Mediator to try to resolve the issues.
  • In Stage 3 – Tribunal Decision, a CAT Member will conduct an online hearing, during which both sides will make their case. The Member will then issue an order resolving the issues.

You can learn more about the CAT’s process here.

Who can file a vehicle related application with the CAT?

Owners, mortgagees, and condo corporations can file applications with the CAT.

What kinds of disputes can be filed with the CAT?

Here are some examples of the types of disputes that can be filed:

  • Disputes about compliance with provisions in the corporation’s governing documents related to vehicles, and / or related indemnification/compensation provisions.
  • Disputes about the consistency and/or reasonableness of those provisions.
  • Disputes about the applicability of those provisions.
  • Disputes about indemnification provisions relating to vehicles.

Want to learn more about previous CAT cases?

You can access the CAT’s previous decisions on our website here.

Ready to file?

Before you file an Application with the CAT, we strongly recommend that you attempt all the steps below in sequence (where appropriate) before taking any further action.

 

There is a non-refundable $25 fee to file an application with the CAT.

Have a Question?

If you have a question about any of the information you’ve read, please contact us. We have a team available to answer any questions you may have.