Part 25 published on 01/02/09
Leases of parking stalls not binding upon condominium corporation
The condominium corporation leased to the builder, for a term of 101 years, certain portions of the common property which were designated for use as parking stalls. It was a term of the agreement that the builder could then further assign the leases of stalls to subsequent purchasers of the condominium units. The plaintiff was one of the purchasers who had received an assignment of one of these parking stalls. The Court determined that the leases were not in compliance with the Condominium Property Act, because the parking stalls were not sufficiently delineated on the condominium plan. The Court said that the corporation had also given the plaintiff owner adequate warning of the problem (at the time of the plaintiff’s purchase) and the plaintiff therefore was not entitled to continue using the stall.
[At the Hearing, the condominium corporation said that it was prepared to allow the plaintiff to use the particular parking stall until the plaintiff sells the unit. This was accepted by the Court.]