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Parking and storage

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

  • Describe your situation
  • I am experiencing a parking or storage issue involving my corporation’s actions or decisions
1

Consider an informal inquiry or conversation as discussed in Step 2: Plan your approach

Taking the time to connect informally with your condo representative, following the communication tips in Step 2, can often lead to a quicker and more cooperative resolution while maintaining a positive condo environment. Even if the approach may not have resulted in a change in the issue or your perspective, or you were unable to make contact, it is important that you made a genuine attempt. It Is not uncommon to make more than one attempt and engage in more than one informal conversation.

2

Keep track of the parking or storage issue with as much detail as possible

The date and time when the issue occurs

The type of issue you are experiencing

Where the issue is occurring

Any other important details

Consider using the Documentation Template to stay organized.

3

Formally contact your board

Your condo corporation may not have understood your informal inquiry or conversation or may not know about the issue. While the first step should always be to speak to them and see if you can quickly resolve the issue without needing to further escalate it, a letter may be clearer and assist with documentation purposes.

Take time to review your governing documents and confirm if there is a relevant provision as your board must take reasonable steps to ensure that everyone complies with both the Condo Act and the condo’s governing documents. If the parking or storage issue involves an area that falls within shared facilities, you should also review any relevant shared facilities agreements to see if there are any terms that apply, as well as any joint rules and by-laws.

If there isn’t a relevant provision, you are encouraged to share your concerns with the board, especially if you believe the issue may reflect a broader community need. The board can then consider if further owner outreach is needed and consult a lawyer if a new rule is found to be necessary.

You can use our letters templates below and adapt them as needed. Make sure you also keep a copy of the letter or email for yourself and note the date and time you sent it.

4

Determine your next step if your condo corporation has not responded

If you have given the condo reasonable opportunity to respond and they have not done so, you can send a follow-up letter or email about this issue. Keep a copy of your communication and note the date and time that you sent it.

You can consider filing an application with the Condominium Authority Tribunal if your corporation does not respond.

You may not be able to file an application with the Tribunal if the dispute does not relate to provisions in your condo corporation’s governing documents dealing with parking or storage.

Visit Step 4: The Condo Authority Tribunal for more information.

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Parking and storage

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

1

Determine your next step if your condo corporation has not responded

If you have given the condo reasonable opportunity to respond and they have not done so, you can send a follow-up letter or email about this issue. Keep a copy of your communication and note the date and time that you sent it.

You can consider filing an application with the Condominium Authority Tribunal if your corporation does not respond.

You may not be able to file an application with the Tribunal if the dispute does not relate to provisions in your condo corporation’s governing documents dealing with parking or storage.

Visit Step 4: The Condo Authority Tribunal for more information.

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Parking and storage

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

1

Determine who or what is causing the issue

You should contact your condo board if you can’t determine who is causing the issue on your own. Otherwise, find out who owns the unit that is causing the issue and get in touch with them.  

Take time to review your governing documents to determine whether there is a relevant provision. If there is, those bound by the provision must comply with it and your board must take reasonable steps to ensure that everyone complies with both the Condo Act and the condo’s governing documents. If the parking or storage issue involves an area that falls within shared facilities, you should also review any relevant shared facilities agreements to see if there are any terms that apply, as well as any joint rules and by-laws.

If there isn’t a relevant provision, you are encouraged to share your concerns with the board, especially if you believe the issue may reflect a broader community need. The board can then consider if further owner outreach is needed and consult a lawyer if a new rule is found to be necessary. 

You can learn who owns a unit by reviewing the Record of Owners and Mortgagees. This record includes the names and addresses of all unit owners in your condo corporation, which is typically provided when they purchase their unit. While email addresses are included in the record, they aren’t shared with those who request it, as required by the Condo Act and confirmed by past tribunal decisions.

Owners are required to notify their condo if they rent out or lease their units. Condo corporations are required to maintain a record of the notices they receive under the Condo Act.

You can review these records to determine if the person causing the parking or storage issue is an owner or an occupant.  

Condos are required to maintain a Record of Owners and Mortgagees under section 46.1 of the Condo Act.

Condos are required to maintain a Record of Leased Units under section 83 (3) of the Condo Act.

You can request copies of these records from your condo corporation.

2

Consider an informal inquiry or conversation as discussed in Step 2: Plan your approach

Taking the time to connect informally with the individual and/or your condo representative, following the communication tips in Step 2, can often lead to a quicker and more cooperative resolution while maintaining a positive condo environment. Even if the approach may not have resulted in a change in the issue or your perspective, or you were unable to make contact, it is important that you made a genuine attempt. It is not uncommon to make more than one attempt and engage in more than one informal conversation.

3

Keep track of the parking or storage issue with as much detail as possible

The date and time when the issue occurs

The type of issue you are experiencing

Where the issue is occurring

Any other important details

Consider using the Documentation Template to stay organized.

4

Formally contact those responsible by writing a letter

The other individuals involved may not have understood the informal conversations or may not be aware that they are causing an issue. While the first step should always be to speak to them and see if you can quickly resolve the issue without needing to further escalate it, a letter may be clearer and assist with documentation purposes.

You can use our letters templates below and adapt them as needed. Copying your condo corporation in your correspondence gives them an opportunity to intervene and resolve the issue quickly. Make sure you also keep a copy of the letter or email for yourself and note the date and time you sent it.

Here is where to direct the letters:

5

Determine your next step

Send a follow-up letter if you do not receive a response and the issue does not resolve after reasonable amount of time passes after you send the first letter. Keep copies of any follow-up letters.

If the issue continues after your follow‑up, contact your condo corporation to inform them of the situation and provide any relevant details or documentation. They may be able to help resolve the matter quickly.

You can consider filing an application with the Condominium Authority Tribunal if your corporation or the other individuals involved do not respond.

You may not be able to file an application with the Tribunal if the dispute does not relate to provisions in your condo corporation’s governing documents dealing with parking or storage.

Visit Step 4: The Condo Authority Tribunal for more information.

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Parking and storage

Step 4: Condominium Authority Tribunal

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

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. 

Do I need legal representation?

No. The CAT allows parties to represent themselves. Read our Self-Represented Parties guide to understand if this is right for you.

Condo owners who don’t represent themselves can choose to be represented by a lawyer, paralegal, or other person listed in this by-law.

Condo corporations must be represented by one of their board directors, condo managers, lawyers or a paralegal.

Public access

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.   

Who can file an application?

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

The CAT’s three-stage dispute resolution process

Stage 1: Negotiation


In Stage 1: Negotiation, you will work with the other parties to try and resolve the dispute.

Stage 2: Mediation


In Stage 2: Mediation, you will work with a mediator to try and resolve the dispute.

Stage 3: Tribunal Decision


In Stage 3: Tribunal Decision, the Tribunal will hold an online hearing, and you will have an opportunity to present your evidence and arguments. The Member will then issue a binding order.

Filing timelines

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 CAT’s parking and storage jurisdiction

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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.

Learn more about the Tribunal’s process and its jurisdiction:

Next steps

1. Review past Tribunal decisions and orders


Previous orders and decisions provide insight into how the Tribunal deals with issues similar to yours.

Read decisions about parking and storage

2. Decide if you should seek legal advice


Our legal resources page has information for those seeking legal support.

Get help with legal advice

3. File your application


Ready to file?

Start here

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Parking and storage

Step 3: Solutions

The CAO strongly recommends that you try all the steps below to resolve your issue before deciding whether you should file an application with the Tribunal. Working together to resolve the issue early on can help promote a healthy condo community and potentially prevent the issues from happening in the future.

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Parking and Storage

Step 2: Plan Your Approach

Learn about what you need to know before approaching the issue.

How to make an informal inquiry or start a conversation

Starting out with a friendly, informal inquiry or conversation about the parking or storage concern with relevant community members such as owners, residents, directors, or condo managers can promote harmony, support communal relationships, and contribute to a culture of resolving conflicts early and efficiently. This type of approach may lead to a quick solution or a new way of looking at your concern as you learn new information and as others share their perspectives.

This approach is most effective when you:

  • Are unclear on what is and what is not allowed when it comes to parking and storage
  • Are early in the process, and the issue is minor or newly arising
  • Are not dealing with an ongoing or repeated issue that has already escalated

How to open up communication

  • Embody the ‘Five Be’s’
    1. Be approachable
    2. Be mindful
    3. Be self-aware
    4. Be prepared
    5. Be open to ideas that differ from your own 
  • Be open to ideas that differ from your own
  • Confirm the individual’s preferred way of communicating.
  • Choose a quiet, private and neutral space for in-person conversations.
  • Use plain, inclusive and respectful language that is easy to understand and can be easily translated.
  • Use readable fonts in written communication and edit before sending.
  • Use short sentences or lists, ideally less than 15 to 20 words.
  • Be curious and ask questions to deepen the discussion, provide clues to solutions, and help bridge understanding.
  • Set time limits for conversations where appropriate; get back to people about another time.

Check out the CAO Guide on Communication and Conflict Resolution for helpful communication tips at pages 28-31.

 

Keep your goal in mind when communicating

To stay focused and avoid misunderstandings, keep these core goals in mind during any conversation:

  1. Clarify: What am I trying to achieve right now?
  2. Learn: What information do I still need (and from whom)?
  3. Act: What’s my next step after this conversation?
STEP 1

Who does your goal align with?

Considerations:

  • Goals: What do I hope to achieve with my approach?
  • Issue Identification: Have I clearly identified the specific concern or issue?
  • Obligations: What are my rights and legal obligations when it comes to parking or storage as outlined in the condo’s governing documents and Condo Act?
  • Access to Relevant Information: Do I have access to my condo’s governing documents and the Condo Act?
  • Documentation: Have I documented the concern or issue with relevant details such as the dates, locations, and incident descriptions?
  • Individuals Involved: Who are the relevant individuals involved and what are their roles and responsibilities in resolving the concern or issue?
  • Impact: Does the concern or issue impact only me, a few individuals, or the broader condo community?
  • Timing: How urgently do I need to resolve the parking or storage issue?
  • Next Steps: What is my next step if the parking or storage issue is not resolved?

There is not a one size fits all approach when it comes to communicating with your condo. Each community is different. Situations can unnecessarily escalate through misunderstanding or differing expectations. It can be helpful to be patient and open to cues as to how you can best communicate. Establishing shared expectations around the timing of a reply can help keep communications friendly.

You can use the Documentation Template to jot down quick notes such as date, location, what occurred, and who you contacted.

What to know before you act

There are a few things to be aware of before you take action.

 

Governing documents

Your first step should always be to check what your governing documents say so you can determine what is allowed in your community. Provisions on parking and storage are most likely found in the declaration or rules.

 

Owned vs. exclusive-use parking

Your rights and responsibilities often depend on whether the parking or storage space is:

    • Owned by a unit owner, or
    • An exclusive-use common element (assigned for a unit’s use, but still part of the common elements).

You can usually confirm this in the declaration. In many condos, Schedule C lists owned parking units and Schedule F lists spaces allocated as exclusive‑use, though this can vary.

Why this matters: It affects what can be changed, how enforcement works, and what steps are reasonable.

 

Shared facilities

Sometimes parking is part of a shared facility, which is an area that two or more condo corporations will have access to and responsibility for. You should also review any shared facilities agreement if the parking or storage issue happened in a shared facility.

 

Necessary repairs

Poor maintenance of the condo can also lead to parking or storage issues, such as a person being unable to use their parking or storage spaces because of leaks or uneven paving. Generally, condo corporations are responsible for repairing common elements, but the governing documents will outline the responsibilities for each specific situation.

Condo boards are required to enforce the governing documents reasonably.

In Muskoka Condominium Corporation No. 39 v. Kreutzweiser, enforcement of the governing documents involves some discretion, reasonableness and consideration of the best interests of the residents.


Tribunal as a last resort

  • For guidance on what to do when an issue arises with a parking or storage issue, step 3 has tailored information.
  • Before filing a CAT case, you can review past decisions and orders to inform your approach and learn about how similar issues were resolved.

It is important to reflect on how the CAT can help with your goal. The CAT can help you with disputes about parking or storage provisions in your condo’s governing documents. 


Other options to meet your goal

  1. Refine your understanding by taking free director training on condo governance.
  2. Access CAO Guides and Resources for reliable information and best practices.
  3. Formally discuss issues with your board through owner-requisitioned meetings.

You might find other options not listed above work for your goal. It is good to be open and creative when developing options that might work. You might find that your goal shifts as you learn more information or as circumstances change.

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Smoke and vapour

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

Learn about human rights accommodations under the Ontario Human Rights Code

Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need to grant accommodation under the Human Rights Code.

You may also want to review information on our website regarding the Ontario Human Rights Code.


Respond to the request

It is helpful to discuss the accommodation with the requestor before making a final decision. You may be able to work with the requestor to identify an accommodation that works for everyone.

Make sure to respond in writing and outline if:

  • You are willing to grant the accommodation
  • You need more information about the accommodation
  • You want to discuss possible accommodations
  • You are refusing to grant the accommodation.

You may wish to seek legal advice if you are unsure of how to respond.

Use our sample smoke and vapour letter templates for condo corporations

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Smoke and vapour

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

Learn about governing documents and make the change

You can modify the governing documents by adding, removing or changing provisions, but you first need to identify which governing document you need to change. Provisions related to smoke and vapour will most likely be included under the declaration or rules.

See our pages on governing documents to understand what aspect of condo life is governed by each and how changes can be made to each. Each document will have different requirements for meetings, quorum and voting.

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Smoke and vapour

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

Identify who is causing the issue

Investigate the source of the issue, including by speaking to anyone who has reported the issue. If the source is a unit, determine if that unit is owned or leased by checking the record of owners and mortgagees or the corporation’s record of leased units.

Condos must maintain a record of owners and mortgagees under section 46.1 & a record of leased units under section 83 (3) of the Condo Act.


Contact the individual causing the issue

Speak to whomever is causing the issue. They may not be aware, so speaking to them about it may resolve the issue quickly.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.

Here is where to direct the letters:

In this initial communication, you may want to identify:

What unreasonable smoke and vapour issue they are causing

The provisions they may have violated

How they can resolve the issue

The board’s next steps if the issue continues

That they can formally request accommodation, if applicable

Your condo corporation’s governing documents may set out a specific timeframe for resolving the issue. You should give the owner or occupant a reasonable amount of time to resolve the issue if they don’t.


Follow up

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.


Determine what to do next

Depending on how the owner or occupant responds, you could:

  • Call a meeting to discuss how the issue could be resolved with the owners and anyone else affected
  • Learn more about how to handle a request for accommodation if a resident requests one.
  • File an application with the Tribunal

Use our sample smoke and vapour letter templates for condo corporations

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Smoke and vapour

Step 3: Solutions

Here’s what to do now that you’ve described your issue.

Learn about human rights accommodations under the Ontario Human Rights Code

Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need accommodation under the Human Rights Code.

You may also want to review information on our website regarding the Ontario Human Rights Code and your condo’s governing documents.


Request an accommodation from your condominium corporation

Your next step is to write to your condo board or manager to request an accommodation. Typically, your condo board or manager will reach out to you to discuss your request after they have received it.

It is important for you and your board to work collaboratively to come up with an accommodation that will meet everyone’s needs. You should participate in discussions about potential solutions with your corporation.


Contact the Human Rights Legal Support Centre

You may want to consult the information available through the Human Rights Legal Support Centre if your condo does not grant your accommodation request. The HRLSC is a not-for-profit provincial agency that provides free legal assistance to individuals who feel they have experienced discrimination under the Human Rights Code.

The HRLSC may assist you in working with your condominium corporation to resolve your disagreement with your condo. If needed, they might assist you in filing an application with the Human Rights Tribunal of Ontario.


Contact the Human Rights Tribunal of Ontario

The HRTO is a tribunal that resolves cases dealing with discrimination and harassment under the Code. Consider filing an application with the HRTO if you have followed the steps above and your condo still refuses to provide you with accommodation. You may wish to seek legal advice if you need assistance filing an application with the HRTO.


File an application with Condo Authority Tribunal

You may be able to file an application with CAT depending on the type of issue you are experiencing. The CAT can only hear Human Rights Code related issues if those issues are related to a dispute that falls within its regular jurisdiction.

You may not be able to file an application with the Tribunal if:

  • The dispute does not relate to unreasonable smoke and vapour or to provisions in your condo corporation’s governing documents dealing with smoke and vapour.
  • There is a decision or order from the HRTO that deals with the same issues

The Supreme Court of Canada decided in Tranchemontagne v. Ontario (Director, Disability Support Program), [2006] 1 S.C.R. 513, 2006 SCC 14, that all tribunals are obligated to deal with Code-related issues but only if those issues are related to a dispute that otherwise falls within the CAT’s jurisdiction.

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