Part 42 published on 01/05/13
Owner not entitled to demand an exchange of outdoor parking space for indoor parking space
The condominium contained both indoor and outdoor parking. At the time of the construction and original sale of the units, each unit was assigned either an indoor or an outdoor parking space. According to the condominium’s by-laws, this original assignment could be changed only by special resolution or by agreement between two owners. Some of the owners asked that the parking assignment system be changed (because they felt they should have an opportunity to acquire an indoor parking space). The Board sought the necessary special resolution, but it did not pass. One of the concerned owners then applied to Court for an order changing her assigned parking space on the grounds that the current parking allocation was unfair and oppressive to her. The application was dismissed. The Court said that the owner had no cause for complaint because she knew, at the time of her purchase, that she was acquiring an outdoor parking space. The Court said:
I find that she knew precisely what she was bargaining for and she received precisely what she had expected.
The Court also found that the allocation of parking spaces was in compliance with the Condominium Property Act.