CAT Reinforces Condo Rules!

In a recent decision, the Condominium Authority Tribunal (CAT) reinforced the importance of following condo parking rules and clarified the limits of disability-related accommodations. The case, MTCC No. 1031 v. Lengyel, centered around a long-standing parking dispute and involved two key issues: the long-term storage of a vehicle and the improper use of a visitor parking space.

The Background

Metropolitan Toronto Condominium Corporation No. 1031 (MTCC 1031) shares a parking garage with two other corporations—MTCC 965 and MTCC 1056—both of which participated in the proceedings.

The unit owner (the Respondent) had two vehicles:

• One vehicle had not moved from her designated parking space in over six years and was alleged to be inoperable.

• The second vehicle, which was regularly driven, was parked in a visitor parking space owned by MTCC 965.

The Respondent argued that her use of the visitor spot was necessary due to a disability.

CAT’s Findings

The Tribunal ruled decisively on both issues:

1. Long-term Vehicle Storage:
The Respondent claimed her parked vehicle was not inoperable, but evidence showed it had not been driven for years. CAT found that this amounted to “storage,” which violates MTCC 1031’s rules prohibiting storage in parking spaces. Even a functioning car cannot be left unused for such a long period without consequences.

2. Misuse of Visitor Parking for Accommodation:
The Respondent provided medical documentation supporting a mobility-related disability. However, she failed to explain why she couldn’t use her assigned parking spot—which, notably, was closer to the building entrance—or how the visitor space better accommodated her needs. CAT found that the accommodation claim lacked merit and seemed more like an attempt to secure a second parking space.

Why It Matters

This decision reinforces two critical points for condominium residents and boards alike:

• Storage vs. Parking: Simply having a vehicle doesn’t exempt an owner from condo rules. A car that isn’t used for an extended period can be considered stored, not parked.

• Proof of Accommodation Needs: While condo corporations are obligated to accommodate disabilities, those requests must be supported with clear, relevant evidence showing why the accommodation is necessary and appropriate.

Final Thoughts

Condo living comes with shared responsibilities and rules that help ensure fairness for everyone. This CAT decision is a clear reminder that visitor parking spaces are not a workaround for a second parking spot, and that genuine accommodation needs must be properly substantiated.

May 15, 2025 | Akshit Bhardwaj  Click to read