Kelowna woman wins legal fight with strata over moved parking spot
A Kelowna condo owner has won a legal battle with her strata after the lines on her parking space were moved two feet, making the spot unusable.
According to a July 28 BC Civil Resolution Tribunal decision, Kendra Lee Siemens bought her Ethel Street apartment when it was brand new and moved in in 2018.
However, a year later her underground parking spot was changed. The lines were repainted and the space was made about two feet smaller.
The decision says it meant it was impossible to park her vehicle if another nearby space was being used.
A chain link fence was also put up which Siemens said meant it was impossible to open the car door once parked.
After more than two years of living with the largely unusable parking spot, Siemens took Strata EPS3699 to the BC Civil Resolution Tribunal asking for an order for the strata to fix her parking spot or provide her with another one.
However, the strata argued it wasn't its responsibility and that she should take her claim to the owner-developer who built the apartment block.
The Strata argued the parking was a contractual arrangement between the developer and buyers when the building was built and it "cannot be liable for matters determined before its creation."
However, the Tribunal disagreed and ruled the Strata was solely responsible for maintaining the parking lot. The Tribunal also pointed out the Strata was in existence when the parking spot was repainted.
The Strata then argued Siemens was out of time on her claim as the basic limitation period to submit a claim was two years.
The argument fell flat with the Tribunal.
"The Strata’s obligation to manage common property for the benefit of the owners... is a continuing obligation," the Tribunal ruled.
The decision says the building has parking issues and some condos don't have spots and there is also a shortage of visitor parking because the developer didn't put in the number of visitor stalls required by the City.
The Strata argued the parking spot was moved to fit in with fire code requirements because it's located near the stairs.
"However, it provided no evidence to support its assertion," the Tribunal ruled. "It also did not provide evidence that it took any steps to question the parking stall relocation in July 2019."
The Tribunal then ruled that moving the parking spot was done without a unanimous vote at the strata council, a beach of the Strata Property Act.
"I order the strata to take all necessary steps to relocate (the parking space) back to its original location," the Tribunal ruled.
To achieve this, the Tribunal ordered the Strata to obtain approval from the City of Kelowna if it needs a variance application because of the fire code concerns.
The Tribunal said if the City refused after the Strata had "diligently pursued negotiation" it had to find Siemens another permanent parking spot.
The strata also have to provide Siemens temporary parking while it's working on getting her a usable permanent spot.
It has 30 days to do it.
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