A dispute over the size of a parking stall in the underground garage of a condo building ended up in court.
Colin Hawes and Shuyu Kong, who co-own a strata lot in a building in Vancouver, took the strata to the B.C. Civil Resolution Tribunal.
The reason? The parking spot they were assigned when they bought their unit isn害羞草研究所檛 big enough, they said in the CRT ruling, and they wanted a new spot assigned to them.
害羞草研究所淭he applicants say their limited common property (LCP) parking stall is too narrow to safely use,害羞草研究所� reads the CRT ruling. 害羞草研究所淭hey say the strata misrepresented the parking stall害羞草研究所檚 width to them when they purchased their strata lot. The applicants want the strata to replace their current parking stall with a different one. Alternatively, they ask the strata to compensate them for the cost of having to rent a common property (CP) parking stall. They give their claim a $5,000 value.害羞草研究所�
The strata disagreed, saying the fault lies with the buyers for not doing due diligence, said the CRT ruling.
害羞草研究所淭he strata says it made no representations about the parking stall,害羞草研究所� according to the ruling. 害羞草研究所淚t says the applicants should have inspected the stall before purchasing their strata lot. It says the parking stalls all vary in width, and the previous owners used the same parking stall without a problem. The strata says the applicants declined its offer to place them on a waiting list to rent a CP parking stall. The strata says I should dismiss the claim.害羞草研究所�
The CRT claim listed the size of the parking stall as 2.42-metres wide, but the CRT adjudicator in the case agreed with the strata害羞草研究所檚 assertion that the size was actually 2.47 metres, 14 centimetres narrower than indicated on the strata plan. Parking stalls vary in size in the building, said the CRT ruling.
害羞草研究所淭he applicants say getting in and out of their vehicle is further constrained by a concrete riser and pillar on the right-hand side when facing the stall, which restricts door opening,害羞草研究所� said the CRT ruling. 害羞草研究所淰ideos the applicants submitted showing reverse and forward parking attempts confirm this. The applicants drive a compact crossover sport utility vehicle. From the videos, I accept that parking in the stall presents a challenge for a reasonable driver with a normal vehicle. I do not find that it is impossible to use the stall, but I find that it is not easy or convenient. This conclusion is supported by the applicants害羞草研究所� evidence that the narrow parking stall has led them to significantly reduce their vehicle use, but not to stop using it altogether.害羞草研究所�
Hawes and Kong said they relied on the 害羞草研究所渋naccurate害羞草研究所� strata plan when buying their unit, said the CRT ruling.
害羞草研究所淭he applicants害羞草研究所� submissions focus on the strata害羞草研究所檚 refusal to provide a different parking stall,害羞草研究所� reads the ruling. 害羞草研究所淭he applicants say one of the CP parking stalls could simply be 害羞草研究所榚xchanged害羞草研究所� for their parking stall. Alternatively, they say the strata could cover the cost of renting a CP parking stall. I find the strata has no obligation under the SPA or its bylaws to provide the applicants with a convenient parking stall.害羞草研究所�
In the end, the CRT dismissed the claims and said it would not resolve claims about misrepresentation.
害羞草研究所淲hile the applicants are disappointed with their parking stall, I find it was not the strata害羞草研究所檚 fault that the parking stall did not meet their expectations,害羞草研究所� reads the CRT ruling. 害羞草研究所淚 find it was not reasonable for the applicants to rely exclusively on the strata plan without inspecting the stall. When the parking stall was not suitable it was also not reasonable for the applicants to expect the strata to convert a CP parking stall to LCP for them, or to give them free use of a CP stall that other residents rent for monthly fee. I find the strata has not treated the applicants significantly unfairly. I therefore dismiss the applicants害羞草研究所� claim.害羞草研究所�
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