Who parked in my stall?
Q I live in a highrise condominium building with titled underground parking stalls. From time to time, the parking area gets cleaned, which requires everyone to vacate the parkade. The last time it
was cleaned, I took my car out of the parkade, but someone parked in my stall without my permission and it was still parked there when the cleaners came. The condo board had this vehicle towed. The vehicle make and licence plate were recorded, and it was not familiar to me, but the condo board charged me the towing fee. This is not fair. Why do I have to pay the tow charge?
A Based on your facts, you are not responsible for paying the tow charge. If this vehicle was parked illegally in your spot (and without your knowledge) and then towed, the condo corporation should go after the vehicle’s owner. You should defend any attempt by the condo corporation to charge you the tow fee. Please write a letter to the board setting this all out, and I am hopeful the board would ultimately
agree and withdraw the tow charges.
Helpful hint: Just because a vehicle is parked in a stall, that does not mean the owner of that stall has any knowledge of the vehicle or has consented to having it parked in their stall. The board has a responsibility to make sure the person they are going after is the right person. If there is no evidence to impose a chargeback on an owner, then the condominium corporation is responsible for the costs.
Roberto Noce, Q.C. is a partner with Miller Thomson LLP in both the Edmonton and Calgary offices. He welcomes your questions at albertacondolaw@millerthomson.com. Answers are not intended as legal opinions; readers are cautioned not to act on the information provided without seeking legal advice on their unique circumstances. Follow Noce on Twitter at @Robertnoce.