July 2022
Can condominium management require that an owner clean up oil stains in their parking space? What happens if the stains were caused by a previous owner, or if on purchase there was no notice the space needs to be cleaned?
J.D.
Response from Toronto Condo News
The short answer is that condominium management can require an owner to maintain their parking space, and this can include cleaning up oil stains.
When the unit was purchased, there was a signed agreement between buyer and seller, and not involving the condominium corporation. A buyer could have viewed the parking space prior to purchase, and to stipulate cleaning of the parking space prior to closing. Upon closing, the buyer becomes responsible for maintaining the property in accordance with condominium corporation governing documents.
While a parking space may be “owned”, it must be maintained by the corporation inclusive of roadways, pillars and all other portions of the parking area. Uncleaned oil stains can damage the roadway infrastructure and be expensive to repair. Measures a corporation may implement to protect the surface include prohibiting vehicle maintenance in the space. It is common for underground parking areas to be cleaned and pressure washed at least annually. At that time, residents are asked to remove vehicles from the area. This allows spaces to be cleaned and protects vehicles from possible damage from the cleaning equipment.
Should a vehicle not be removed from a space when requested, and prevents their space from being cleaned, the corporation may require a custom cleaning of the space at additional cost to the corporation. This would be a chargeback, at cost, the owner is required to pay in addition to their condo fees.
See the Condo Archives (Condo Building Management – Parking Areas) for more information. Articles include:
- Protect your Parking Garage
- Underground Parking Garages – Regular Maintenance Needed to Protect Against Damage
- Underground Parking – Preventing Structural Damage
