The province's Civil Resolution Tribunal has upheld a decision by the strata at Ingleton Place to make commercial tenants pay for 24 parking stalls designated as common property in the strata plan.
A company that owns office and storefront space in North Burnaby has lost a battle with its strata over parking spaces.
The strata put an end to that last year, demanding Trinden remove certain parking signs and telling some of its commercial tenants they had to rent the parking stalls from the strata or stop using them. The company applied to the CRT for orders forcing the strata to designate the disputed parking stalls exclusively for the use of the commercial tenants and to re-install commercial parking signs at the residential sections’ expenseTrinden also said Burnaby bylaws dictate residential and non-residential parking must remain separate.
“The strata says any unfairness has been to the strata, which has for many years been deprived of a revenue stream from the disputed parking stalls,” stated the ruling. He found all the disputed parking stalls fell within the area indicated on the strata plan as common property and that there was “limited evidence” of an error in the plan.
Trinden may have expected control of the stalls when it bought the strata lots in 2005, but Carmody said that expectation wasn’t reasonable if it was based on a promise from a previous owner.
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