A DriveSmartBC reader asked about parking in an underground condominium garage. The building was constructed in the 1970s, the parking stalls are small, and structural columns make some of them even more difficult to use.
The reader uses a walker and needs enough room beside the vehicle to get in and out. Neighbours have complained that the vehicle is not parked far enough forward in the stall.
The reader's question was: Is there a rule that says how far into a marked parking stall a vehicle must be parked?
Private property parking
Let's start with an important distinction. Most of the parking stalls we use every day are on private property. Shopping centres, apartment and condominium buildings, workplaces and many other properties provide parking areas that are marked and controlled by the property owner or operator.
When you park in one of these marked stalls, the general expectation is straightforward: keep your vehicle within the lines and do not interfere unnecessarily with the use of neighbouring stalls or access routes.
There is no general requirement that specifies a particular distance from the front of an ordinary marked parking stall. In other words, the law does not tell you that your front bumper must be a certain number of centimetres or inches behind the line.
Why parking in the centre makes sense
If there is no prescribed distance, why do we generally expect drivers to centre their vehicles in their stalls?
It is simply good parking practice.
Parking reasonably equidistant between the lines gives the occupants of neighbouring vehicles as much room as possible to get into and out of their vehicles. This becomes especially important in older parking garages where stalls may be narrow and concrete columns can reduce the available space.
It is worth making the distinction between good parking etiquette and a legal requirement. A driver who parks farther forward or farther back within the lines may not be parking in the most considerate position, but that does not automatically make the parking unlawful.
When the usual approach doesn't work
There can also be legitimate reasons why a driver cannot use a parking stall in the way that works best for most people.
In this case, the reader uses a walker and needs enough room beside her vehicle to get out, position the walker and make her way to the building. A concrete structural column beside the stall further reduces the available space. She also reports vision problems that make manoeuvring in the confined space more difficult.
This makes the situation more than a question of parking etiquette. When a disability creates a barrier to using a home or its associated facilities in the usual way, the strata corporation may have a duty to accommodate the person.
The strata's duty to accommodate
A strata corporation may have bylaws or rules governing the use of its parking areas. Those rules can establish expectations that go beyond the basic requirements of traffic law.
However, applying a strata rule in the usual way does not necessarily end the discussion when doing so creates a disability-related barrier. The BC Human Rights Code requires accommodation of a person with a disability to the point of undue hardship in circumstances where the Code applies.
This does not mean that a resident can simply disregard a parking rule or decide for themselves where they will park. It means that the disability and the resulting need for accommodation should be brought to the strata's attention and considered as part of the decision.
The resident should make the request to the strata council in writing and explain the functional problem. In this case, that includes the need for enough space to use a walker safely and the additional restriction created by the concrete column and neighbouring vehicles.
The strata and the resident must then work together to find a reasonable solution. Depending on the circumstances, that could involve an agreement about the position of the vehicle, a different parking arrangement, a stall exchange or another solution that provides the necessary access while minimizing the effect on other residents.
The Condominium Home Owners Association of BC (CHOA) guide to accessibility in strata developments explains that the accommodation process should be cooperative. The resident may be asked to provide information supporting the need for accommodation, but that information should relate to the disability and the accommodation being requested rather than unnecessarily disclosing the person's entire medical history.
The bottom line
When parking in a marked stall on private property, stay within the lines and avoid interfering with neighbouring stalls or other traffic. If you have room to do so, positioning your vehicle reasonably in the centre of the stall is considerate and makes the best use of the available parking space.
But there is a difference between what is considerate and what is required by law. There is no general measurement that tells you exactly how far forward or backward your vehicle must be within an ordinary marked parking stall.
In this reader's situation, however, the more important question is not simply where the vehicle should be parked. Her disability may mean that the normal parking arrangement creates a barrier that the strata has a duty to consider accommodating.
That means the answer should not be left to the neighbours or the resident to settle between themselves. The disability-related need should be brought to the strata's attention, and the strata must work with the resident to find a reasonable solution.
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