Why parking and storage take up so much board time
In most Toronto condominiums, the underground garage and the storage locker room generate a steady stream of questions. A resident parks in a visitor space every night. An owner rents their spot to someone who does not live in the building. A locker is packed with paint cans and propane cylinders. A delivery van blocks the ramp. Each one lands on the manager's desk, and the harder ones land on the board's agenda.
The board's options depend on the answer to a question many people skip: what exactly is this space, legally? This article explains how parking and storage spaces are usually set up in Ontario, what boards can regulate, how enforcement works in Toronto and when the Condominium Authority Tribunal (CAT) can hear a dispute. It is general information, not legal advice.
Start with the documents: what kind of space is it?
Under the Condominium Act, 1998, parking spaces and storage lockers are usually created in one of three ways. Your declaration and description tell you which applies, and a building can use more than one. Our guide to the declaration, by-laws and rules explains how these documents fit together.
Parking and locker units
Some corporations create parking spaces or lockers as separate units, each with its own share of the common interest and common expenses. The owner holds title to the space. The declaration may contain conditions or restrictions on the use, leasing or sale of units, which section 7(4) of the Act allows. A common example is a restriction on selling a parking unit to anyone who does not also own a residential unit in the building, but whether your corporation has one depends entirely on its declaration.
One detail surprises owners: under section 49(3) of the Act, no owner votes in respect of a unit that is intended for parking or storage purposes, unless every unit in the corporation is used for those purposes. The owner still votes through their residential unit.
Exclusive-use common elements
Often the space is part of the common elements, but the declaration gives the owner of a particular unit the exclusive use of it. Section 7(2)(f) requires the declaration to specify every part of the common elements that is to be used only by the owners of designated units. Because it remains common property, the corporation's rules apply, the corporation generally keeps its maintenance and repair responsibilities unless the declaration shifts them to the owner under section 91, and section 19 lets the corporation enter on reasonable notice to carry out its duties. Our article on balconies walks through the same exclusive-use framework.
Changing who has exclusive use of which space is not a quick fix. A declaration amendment that changes a matter described in section 7(2)(f) needs the written consent of the owners of at least 90 per cent of the units under section 107(2)(d), along with the other steps in that section.
Common element spaces assigned by the corporation
In other buildings, parking or lockers are simply common elements that the corporation assigns or rents to residents. Section 21 of the Act says the corporation may, by by-law, lease part of the common elements (except a part that the declaration reserves for designated units) or grant a licence through the common elements. If your corporation rents spaces to residents, confirm that the by-law and agreements the Act contemplates are in place, and keep the assignment list accurate. A waiting list with a written, consistently applied policy avoids many complaints about fairness.
Visitor parking
Visitor spaces are almost always common elements available for the corporation to manage through rules. Many disputes are really about visitor parking: residents using it as a second space, overnight limits, permit systems and contractors' vehicles. Clear, posted rules matter here more than anywhere else.
What parking and storage rules can cover
Section 58 of the Act lets the board make rules respecting the use of the units, the common elements and the assets to promote the safety, security or welfare of owners and the property, or to prevent unreasonable interference with the use and enjoyment of the units, common elements and assets. Rules must be reasonable and consistent with the Act, the declaration and the by-laws. Common subjects include:
- Who may park where. Assigned spaces only, visitor time limits, permits and overnight visitor parking.
- What may be parked. Whether trailers, boats, commercial vehicles, motorcycles or bicycles are allowed in a space, and whether vehicles must be insured and operable.
- What happens in a space. Repairs, oil changes, car washing and storing tires or boxes in a parking space.
- Locker rooms. What may be stored, access hours, keeping corridors and aisles clear, and prohibitions on flammable or hazardous materials.
- Garage safety. Speed limits, ramp and loading-area use, and keeping fire routes and exits clear.
A useful test is whether you can explain the safety, security or fairness reason for each rule in a sentence. Rules that are aimed at one resident, or that are applied to some residents and not others, are much harder to defend.
How a new or amended rule takes effect
Under section 58(6), the board must give owners notice of a new, amended or repealed rule, including a copy of the rule, the date the board proposes it will take effect, a statement of the owners' right to requisition a meeting under section 46, and the text of sections 46 and 58. Under section 58(7), if no requisition is received within 30 days after notice, the rule becomes effective the day after that 30th day. If owners requisition a meeting within that time, it becomes effective when quorum is not present at the first attempt to hold the meeting, or when quorum is present and owners do not vote against it.
Storage lockers and fire safety
Lockers and parking levels are where combustible material tends to build up. Boxes, mattresses, paint, fuel and propane cylinders create real fire risk in an underground space, and stored items in exit routes can block egress. The corporation's fire safety plan, inspections and Ontario Fire Code obligations apply to these areas just as they do to the rest of the building. Our article on fire safety obligations for Toronto condo boards covers those duties. Practical steps include periodic walk-throughs of locker rooms and garages, written notices with a reasonable deadline to remove prohibited items, and a documented process for items left in common areas.
Be careful about opening a locker or removing an owner's belongings. If the locker is a unit or exclusive-use area, entry is governed by section 19 and the corporation's documents. Give notice, document what you find, and get legal advice before disposing of anything.
Renting spaces, accessible parking and EV charging
Owners renting out spaces
Owners in Toronto buildings often rent spare spaces, sometimes to people who do not live in the building. Whether that is allowed depends on what the space is and what the declaration and rules say. Where it is allowed, the corporation still has a security interest in knowing who has garage access. Section 119 of the Act requires owners and occupiers to comply with the Act, declaration, by-laws and rules, and requires owners to take all reasonable steps to make sure their occupiers and invitees comply. A rule requiring owners to register the user and vehicle of a rented space with management is a common, practical approach.
Accessible parking and accommodation
The Human Rights Code gives every person a right to equal treatment with respect to the occupancy of accommodation without discrimination because of disability, among other grounds. A request to swap spaces, use a wider space or park closer to an entrance because of a disability should be handled through a documented accommodation process rather than a flat refusal under the parking policy. The duty to accommodate is assessed case by case, up to the point of undue hardship, so get legal advice on difficult requests.
EV chargers
Owner requests to install an electric vehicle charger follow a separate process under Ontario Regulation 48/01, with its own deadlines and agreement requirements. Our guide to EV charging applications explains that process, so it is not repeated here.
Enforcing parking rules in Toronto
Most parking issues are resolved with a friendly reminder, a notice on the windshield or a call from the manager. When they are not, enforcement usually escalates in steps: a written compliance letter referring to the rule and section 119, copies to the owner when the person involved is a tenant, a lawyer's letter, and, for vehicles left where they should not be, ticketing or towing.
In Toronto, Chapter 915 of the Toronto Municipal Code governs parking on private property. A vehicle parked on private property contrary to the conditions on signs posted by the owner or occupant is deemed to be parked without consent. Ticketing is done by municipal law enforcement officers, and a business that issues tags or notices on private property for someone else must hold a City private parking enforcement agency licence. Towing has additional conditions. Before a municipal law enforcement officer not employed by Toronto Police can have a vehicle removed, Chapter 915 generally requires that:
- the property has been inspected and approved by the Chief of the Toronto Police Service, with clearly defined boundaries and approved signs;
- for residential visitor parking that needs a permit, signs explain how to get one and a permit can readily be obtained within the 30-minute waiting period;
- Toronto Police has current information about the contracted tow operator and the garage where vehicles will be stored;
- a penalty notice has been issued, a 30-minute waiting period has passed, and a Toronto Police tow card has been issued.
Chapter 915 lists exceptions to the waiting period, including designated fire routes, accessible spaces used in contravention of a by-law, loading spaces, and a resident's reserved space where the resident with the exclusive right to it has signed a complaint. Since January 1, 2024, tow operators in Ontario have also needed a provincial certificate under the Towing and Storage Safety and Enforcement Act, 2021. Boards outside Toronto should check their own municipality's by-law, because the process differs.
Ask your manager to confirm the corporation's enforcement contractor is licensed, the property approval and signs are current, and the process matches the building's rules. Towing a resident's vehicle without following these steps creates liability and conflict that a letter would have avoided.
When a parking or storage dispute goes to the CAT
Since January 1, 2022, the CAT has heard disputes about many day-to-day rules. Under section 1(1)(d) of Ontario Regulation 179/17, its jurisdiction includes disputes about provisions of the declaration, by-laws or rules that prohibit, restrict or otherwise govern vehicles in a unit, the common elements or the assets, and provisions that govern the parking or storage of items in a unit, an asset or any part of the common elements intended for parking or storage. It also covers related indemnification or compensation provisions.
There are limits. Under section 1(3), those categories do not apply to a dispute that is also about section 117(1) of the Act (a condition likely to damage property or cause injury or illness), an alteration agreement under section 98(1)(b), or an EV charging agreement under section 24.6(3) of Ontario Regulation 48/01. Those disputes may need mediation and arbitration under section 132 or a court application. Our article on choosing between mediation, arbitration and the CAT explains how to pick the right route.
The CAT can make orders under section 1.44 of the Act, including an order to comply and compensation for damage caused by non-compliance up to $25,000. An amendment to Ontario Regulation 179/17 raises that amount to $50,000 on July 1, 2027. A well-kept file of the rule, notices, photographs and correspondence makes a tribunal case far simpler.
A short checklist for boards
- Confirm from the declaration and description which spaces are units, exclusive-use common elements or assigned common elements, and keep an accurate register.
- If the corporation rents or licenses spaces, check that the section 21 by-law and written agreements are in place.
- Review parking and locker rules for clarity and reasonableness, and adopt changes through the section 58 notice process.
- Walk the garage and locker rooms regularly for fire hazards and blocked exits.
- Require registration of vehicles and users for rented spaces.
- Confirm the enforcement contractor's licence, property approval and signs before relying on towing.
- Handle accessibility requests through a documented accommodation process.
How Brilliant Property Management can help
Brilliant Property Management has supported Ontario condominium boards since 2002. We maintain parking and locker registers, draft and update rules with the corporation's lawyer, run garage and locker inspections, coordinate licensed enforcement and keep the records a board needs if a dispute reaches the CAT. Learn more about our condo property management in Toronto, review our management services, or request a proposal for your building.
Frequently asked questions
Can an Ontario condo board make rules about parking?
Yes. Section 58 of the Condominium Act, 1998 lets the board make rules respecting the use of the units, the common elements and the assets to promote safety, security or welfare, or to prevent unreasonable interference with the use and enjoyment of the property. Parking rules must be reasonable and consistent with the Act, the declaration and the by-laws, and they take effect only after the notice process in section 58.
Can owners rent out their condo parking space?
It depends on what the space is and what the declaration says. An owned parking unit can generally be leased like other property, subject to any conditions or restrictions in the declaration. An exclusive-use space is part of the common elements, so the declaration and rules usually decide whether it can be used by someone other than the unit's residents. Check the documents before allowing it, and remember that owners must take reasonable steps to make sure their tenants comply.
Can a Toronto condo tow cars from its property?
Yes, but only by following the City's process. Under Chapter 915 of the Toronto Municipal Code, a vehicle left on private property contrary to posted conditions is deemed to be there without consent. Before a municipal law enforcement officer not employed by Toronto Police can have it removed, the property generally must be inspected and approved with compliant signs, a penalty notice must be issued, a 30-minute waiting period must pass unless an exception applies, and a Toronto Police tow card must be issued. Tow operators also need a provincial certificate.
Can the Condominium Authority Tribunal hear a parking or storage dispute?
Generally yes. Ontario Regulation 179/17 gives the CAT jurisdiction over disputes about declaration, by-law and rule provisions that govern vehicles, and the parking or storage of items in spaces intended for parking or storage. A dispute that also involves section 117(1) of the Act or a section 98 alteration agreement falls outside that jurisdiction.
This article is general information about the Condominium Act, 1998, Ontario Regulation 179/17, the Human Rights Code, Chapter 915 of the Toronto Municipal Code and the Towing and Storage Safety and Enforcement Act, 2021, current as of October 2026. It is not legal advice. Your obligations depend on your declaration, by-laws, rules and circumstances. Consult your condominium lawyer about your corporation's situation.