#15969
Jimmy-T
Keymaster
Chat-starter

    Just to clarify why parking over common property is the same as parking on common property, strata schemes refer to air space rather than land. So, for instance, when you buy a unit, you are buying the air space bounded by the common property walls of your unit.

    Thus a car or anything else that extends from a lot owner’s or renter’s air space into common property air space is legally in common property. And if the by-laws say you can’t park in common property, you would be in breach.  Normally, Owners Corps and neighbours wouldn’t worry too much about a vehicle sticking out a bit.  However, in this particular case, the owner of the truck is creating a clear nuisance for another owner who is within her rights to complain.

    An example of where this might be a more significant issue is a business wanting to put an awning attached to their frontage but extending over common property.  Setting aside issues of attaching the awning to their frontage (probably common property) unless the awning was above the height defined in the strata plan as common property, they would probably have to pay the Owners Corp for the use of its air space.

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