Question: We had our Strata AGM last night (self-managed) and it was brought to our attention that there is an uninsured car parked in our underground parking. Could you please let me know the laws around parking on strata property and advise on how to handle this situation?
Answer
It would depend if this vehicle belongs to a member of the strata or not.
If not, then it may be removed under the authority of the Motor Vehicle Act:
Parking on Private Property
192 (1) If a motor vehicle or trailer is left without the occupier's consent on private property in a municipality or treaty lands or for a period exceeding 72 hours on private property not in a municipality or treaty lands, the owner of the motor vehicle or trailer is deemed to have authorized and empowered the occupier to be the owner's agent for the purpose of towing it to a place of storage and of storing it.
(2) The agent has a lien against the motor vehicle or trailer for all reasonable advances made or charges incurred in connection with the towing and storing of it in the course of the agency.
(3) The procedure respecting enforcement of the lien must be governed by the Warehouse Lien Act.
If it belongs to a member of the strata, then it would be much the same as a car parked in the driveway of a private home. I can usually park my uninsured vehicle in my driveway for as long as I please.
Strata Property Bylaws
The exception to this would be if the strata bylaws specify something different, in which case the owner and member of the strata would be bound by the bylaw.
There is also a possibility that the municipality has a bylaw that prohibits parking unlicensed vehicles on private property. Here in BC unlicensed and uninsured are the same thing.
In either case, unless it is a requirement of the bylaw, it doesn't matter if the vehicle is insured or not, it is on private strata property and insurance is not normally required to be there.
Share This Article
- Log in to post comments