The ownership and the right to use of parking stalls in the context of strata property ownership can be confusing for purchasers.

A parking stall may be a constituent part of the strata lot that is automatically transferred with the title to the strata lot.

In some cases, a parking stall may also be transferred as a separately registered title.

Often, parking stalls are designated as limited common property or common property. There are important differences between limited common property and common property.

If the parking stall is designated as limited common property, the owner of the strata lot does not own the parking stall assigned to the strata lot but has the exclusive use of it. However, in some circumstances, the status of the parking stall as limited common property may be changed or eliminated by a vote of the strata corporation. There is some protection as the change of a limited property designation generally requires either a ¾ or unanimous vote of the owners depending on the way the limited property designation was made.

If the parking stall is common property, the parking stall is not automatically transferred with the strata lot and the location and availability of the parking stall can be changed by the strata corporation.  As there are various ways common property designations are done, and various terms attached to them, it is important for a purchaser to do their due diligence on the parking stall prior to condition removal to ensure they are satisfied with same. There is no assurance that the purchaser of the strata lot will have the use of a parking stall.

When you are purchasing a strata lot with parking stalls it is important to know how they are legally defined so that you understand the extent of your right to use them and your right of ownership, if any. It is helpful to speak to a real estate lawyer to clarify this.

Author: Joni Funk

This information is general in nature only. You should consult a lawyer or appropriately qualified party before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250) 448-2637 or any of our lawyers practising in the area of real estate at the following:

• Una Kuzio: una@touchstone.law
• Joni Funk: joni@touchstone.law