12/06/13 – Jurisdiction British Columbia
Part 40 published on 01/11/12
Strata Corporation’s manager had legal right to arrange for vehicle to be towed
Part 40 published on 01/11/12
Strata Corporation’s manager had legal right to arrange for vehicle to be towed
The strata corporation’s manager had arranged for a vehicle to be towed from an owner’s exclusive-use parking space, because the vehicle was parked in contravention of the corporation’s by-laws.
The unit owner (who had given the vehicle owner permission to park) and the vehicle owner asserted that this was a trespass, and brought claims against the manager in Small Claims Court.
The Court held that the relevant portions of the by-law were valid and said that “the towing of the vehicle was permissible under the authority of Section 129 and Section 133 of the Strata Property Act.”
The claims were dismissed.