Destructive Parked Vehicle

Written by Shlomo Sharon | 30 October 2004

The Toronto Star − Condo Living Section
Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

I am a director in a small townhome condominium.  One of our owners has a commercial-size extended cab dual rear wheeled vehicle designed to haul a large fifth wheel recreational trailer. Due to its weight, it has damaged the exclusive-use driveway. The length of the vehicle has also caused damage to the bushes and grass. It is in clear violation of the declaration and rules.  The owner has refused to remove the vehicle. We are at a loss as how to deal further with the owner.

Answer

Communication between the board of directors and the owners is imperative whether directly or through the management company.

Everyone living in a condominium corporation is required to act in accordance with the Condominium Act, the corporation's declaration, bylaws and rules.

If your corporation's declaration and rules clearly state that the owner's vehicle cannot be parked on the property, the board of directors, or the management company on behalf of the board, should write a letter to the owner advising him of the declaration provisions and rules dealing with motor vehicles and advising him that the vehicle must be permanently removed from the property.

The owner should also be advised that he is responsible to repair the damage he has caused to the common elements with his vehicle within a specified amount of time. Your corporation's declaration most probably contains a provision that makes owners responsible for damage they cause to common elements and allows any costs that are incurred by the corporation to fix the damage to be added to the common expenses payable for the unit.

If the owner fails to make the repairs, the condominium corporation should do the work and add the costs incurred to the common expenses payable for the unit.

If the owner does not remove his vehicle, and/or does not repair the common elements the corporation should send the matter to its solicitor to take appropriate legal action.