In many co-ownerships, managing common spaces represents a daily challenge. Among these challenges, vehicle parking is a thorny issue, just like everywhere else. There are often not enough spaces for all the cars, not to mention those that illegally occupy spots reserved for visitors or remain parked for months without moving, and no one knows who they belong to. This problem often requires the intervention of the manager or the board of directors to maintain order and ensure harmonious cohabitation among residents. Clear parking policies is essential to address these issues efficiently.
Vehicles in violation
Vehicles in violation in co-ownerships can cause numerous problems. Firstly, there are those that occupy parking spaces reserved for visitors or co-owners, creating tensions and a lack of available spaces. There are also those that do not respect the boundaries of parking spaces or obstruct emergency access, compromising the safety of the premises.
Towing may therefore sometimes be required to free up reserved parking spaces, remove abandoned vehicles, or ensure access to common areas. The rules regarding towing can be defined by the declaration of co-ownership or by municipal regulations, as is the case in Montreal.
First, it is necessary to distinguish cases where parking spaces are private property from situations where they are common or limited common areas. In the first situation, parking issues fall under the concerned co-owner's responsibility, and in case of abusive parking, it is not within the board of directors' competence to intervene.
A syndicate of co-owners must exercise caution in this matter. It must act as a prudent and diligent person would, placed in the same situation. An overly quick intervention could be unjustified, whereas in cases of repeated violations, where notices or fines have been imposed on the offender without any change, towing would become justified.
Each case is unique
If the owner of the violating car on a common or common portions for restricted use is known, it is necessary for the board of directors to send a formal notice, ordering the removal of the vehicle without delay before proceeding with towing.
If the vehicle owner is not known, the situation is more delicate, but it is up to the board of directors to take the necessary measures to resolve the problem. To start, a notice can certainly be left under the windshield wipers, for example.
But before such a problem arises, the installation of signs or markings on the pavement, stating that the spaces are reserved for visitors or allocated to co-owners, is essential.
Declaration of co-ownership
It may also be appropriate to include a clause related to towing in the enumeration of the board of directors' powers in the constituting act of the co-ownership. This clause would explicitly recognize the board's power to tow a vehicle parked without right when it deems the circumstances justify it, at the vehicle owner's expense. For added assurance, it would also be advisable to provide for the power to install clearly visible signs warning that unauthorized vehicles may be towed at the violator's expense.
These powers could be supplemented by a regulation indicating that the syndicate may tow a vehicle in case of violation, making this regulation enforceable against tenants and occupants when they have received a copy. In addition to towing, the syndicate could also impose a penalty for violations of the regulation, all in execution of a validly inserted penalty clause in the declaration of co-ownership.
Jurisprudence on towing
Some case law has shown that syndicates, and even a manager, can tow a vehicle parked without right without incurring blame from the court.
For example, in the case of Dubé c. Syndicat des copropriétaires du 14350-14360 Notre-Dame Est, the Superior Court ruled that the syndicate had committed no fault by towing the vehicle of a co-owner who regularly parked in the visitor space. The court found that the syndicate had taken the necessary measures to ensure compliance with parking regulations.
Similarly, in the case of Giard c. Gestion RSCM inc., the Quebec Court, Small Claims Division, decided that the syndicate was justified in enforcing the by-laws of the immovable and had all the rights under those rules and the declaration of co-ownership to tow any vehicle parked without right in a parking space of the co-ownership building.
WHAT YOU SHOULD KNOW! Abusive parking is a common problem in co-ownerships, creating tensions and a lack of available spaces. Make sure to respect the established rules to avoid conflicts and sanctions.
WHAT TO KEEP IN MIND: In case of unauthorized parking, towing may be justified after ineffective notices or penalties. Towing rules should be defined by the declaration of co-ownership or municipal regulations.
WARNING! An overly quick intervention by the syndicate to tow a vehicle may be unjustified. Make sure to follow appropriate procedures and properly notify the owner before taking any action.
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