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Hum v. Waterloo Standard Condominium Corporation No. 670 - 2023 ONCAT 38 - 2023-03-13

Corporation:

HWSCC 670

Date:

2023-03-13

Under:

CAT Decisions - Decision
Parking and Storage
Reasonableness and/or Consistency of Governing Documents

Summary:

In the case of Hum v. Waterloo Standard Condominium Corporation No. 670, the intervenor's vehicle was towed and ticketed for parking without a parking permit in the underground parking. The Intervenor's sought reimbursement for the towing costs, ticket, and filing fees. The issue was whether the ticketing and towing were a reasonable enforcement of the condominium's parking rules. The tribunal concluded that while the ticket was reasonable, the towing was not. They ordered the Condominium Corporation to reimburse the intervenor for the towing costs and tribunal filing fees.

Verdict:

In the case of Hum v. Waterloo Standard Condominium Corporation No. 670, the issue revolved around the reasonableness of towing the intervenor's vehicle for not displaying a parking pass in the condominium's underground parking. The Tribunal found that while a ticket was reasonable, towing the vehicle was not justified, and as a result, the intervenor was entitled to reimbursement for the towing costs and tribunal filing fees.

Takeaways:

Takeaways from the case of Hum v. Waterloo Standard Condominium Corporation No. 670 (2023 ONCAT 38):

The case revolved around the reasonableness of towing the intervenor's vehicle for not displaying a parking pass in a condominium's underground parking.

The Tribunal found that the ticketing of the intervenor's vehicle was reasonable given the parking rules, but towing was not justified.

The notice from the condominium management had indicated that vehicles without a parking pass would be subject to a ticket and possibly towing, leaving some discretion in enforcement.

It was established that the intervenor had a valid parking pass, but he forgot to display it due to his recent move into the building.

The Tribunal ordered reimbursement of $649.75 for towing costs and $200 for tribunal filing fees, as the intervenor was at least partly successful in the case. The $25 ticket was not reimbursed.

Recommendations: 

Clear Communication: Condominium corporations should ensure that their rules and regulations are clearly communicated to unit owners and residents. This includes posting notices and distributing information about parking rules and any changes to these rules.

Enforcement Practices: Condominium corporations should establish and communicate their parking enforcement practices. This might include providing warnings or notices before issuing tickets or towing vehicles. Consistency in enforcement practices can help avoid disputes.

Discretion in Enforcement: When enforcing parking rules, consider whether discretion can be exercised in specific situations, especially for new residents who may not be fully aware of the rules. Issuing warnings for first-time violations can be a reasonable approach.

Documentation: Maintain records of warnings, notices, or any communication related to parking enforcement. This documentation can serve as evidence in case of disputes and help demonstrate that enforcement practices were followed.

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