October 2017
When a condo corporation is built it is required to comply with minimum parking requirements to accommodate disabled people. These requirements are established by the City of Toronto.
Since new condo buildings do not usually have need of disabled parking when first built, spaces designated as disabled parking are usually made available to any purchaser. The declaration may include a provision stating that, should a disabled individual require the space, the owner may be required to exchange their space for another. If there is no need for the disable parking space there may never be a need for the owner to exchange their space. When a disabled individual moves out or otherwise has no need for the space the owner may be able to resume occupying their original space.
This approach satisfies the City’s requirement to accommodate disabled individuals while allowing condo corporations to make use of all parking spaces.
This can lead to complications. Disabled parking spaces are marked as such. In condo buildings, the user of a space who is not disabled may be ticketed by an enforcement officer unfamiliar with the condo’s declaration.
When this occurs it is up to the Condominium Manager to contact the City of Toronto or Toronto Parking Authority to have the ticket rescinded. There is no formal process for having such a ticket rescinded and that Condominium Manager may be unsuccessful.
To avoid such problems it is advisable to modify notices for the space explaining the use of the disabled parking space so that enforcement officers are aware.
