The strata at Burnaby’s Imperial Manor said ‘stall 4’ in its underground parkade never existed, but owner Elsie Chan told the Civil Resolution Tribunal the strata had let her park there for 12 years.
The owner of a Burnaby apartment has won the right to use a parking spot she parked in for 12 years before her strata declared it was actually a walkway.
After more than a decade of using stall 4 as her exclusive parking spot, however, the strata told her in August 2019 that she couldn’t use it anymore because her unit didn’t have a designated spot in the parkade.In its response to Chan’s claims, the strata said Chan knew when she bought her unit that it didn’t have a designated parking stall
In her ruling, tribunal member Leah Volkers said Chan’s unit didn’t have a parking spot in the parkade.And a January 2007 document titled “original parking stall assignment” showed stall 4 allocated to Chan’s unit. Volkers concluded Chan’s expectation that she was entitled to the parkade spot was “objectively reasonable” and the strata had acted “significantly unfairly” by violating that expectation.
The current plan only includes 33 designated, limited common property stalls in the parkade, but Volkers said that doesn’t mean stall 4 doesn’t exist – it just means it’s not limited common property.
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