The applicants, owners of two units in an industrial condominium, challenged the condominium corporation's allocation and enforcement of reserved parking spots.
The Condominium Authority Tribunal found that while the corporation had the authority to lease common element parking spots, it failed to do so validly because it did not enact a supporting by-law as required by section 21(1) of the Condominium Act, 1998.
The Tribunal held that the corporation's enforcement of the parking rules was reasonable and did not constitute harassment.
The parking leases were declared unenforceable, and the corporation was ordered to pay $200 in costs to the applicants, though claims for damages were dismissed.