Legal

January 8, 2025 Published by London and Area Chapter

Mysteries and Challenges of Parking and Storage in a High-Rise

From the CCI Review 2024/2025-1 July—November 2024 issue of the CCI London Chapter

When you are weighing a condominium lifestyle, there are considerations you might not think of but are important.

Parking can be an issue and conceivably confusing for buyers. It was the developer who chose the manner in which parking is set up: so an enquiry about what is or is not allowed relative to parking on a condominium property can be significant depending on the lifestyle you intend to lead, particularly if you are downsizing.

Parking availability and their accompanying rules are almost always declared in the corporation’s declaration, by-laws and rules. Buyers should review these documents or get the information from the realtor in advance of their purchase. All members of the community must comply with the Condominium Act and the governing documents. The Board of Directors with the assistance of the Condominium Manager are responsible to enforce the rules and resolve any issues relating to them.

Storage is not always available for each unit in a high-rise so awareness to what you plan to bring that might need to be stored in your new home is advised.

You can find some common examples of parking (and storage) issues identified on the website of the Condominium Authority of Ontario (CAO) here.

Also, as you will see in the article in this issue by Megan Alexander, the Ontario Fire Code also has a say in the matter of storage in parking units/spaces at properties. In a recent decision, the Ontario Fire Safety Commission ordered a residential condo corporation to remove all items stored and located in the underground garage area because they were in breach of the Ontario Fire Code.

The Ontario Fire Code

The Ontario Fire Code requires that:

  • Parking garage be fire separated from the remainder of the building by a 1.5-hour fire separation;
  • Lockers (for storage) be fire separated from the remainder of the building by a 1-hour fire separation

The relevant sections apply to buildings that are more than 6 stories high and with more than two dwelling units.

Do condos need a fire inspection in Ontario?

The Fire Code O. Reg. 213/07, under the Fire Protection and Prevention Act, 1997, fire safety applies to condos with 10 or more occupants.

Every condominium in Ontario, is already required by the Ontario Fire Code to have an inspection of the entire building – every 30 days. These inspections include inspecting fire rated doors, exit signs and fire separations. All of these are not only found throughout your building, they are found within all tenant storage locker areas.

The Fire Protection and Prevention Act, 1997 creates the framework for fire protection in Ontario. The Ontario Fire Code, a regulation under the Fire Protection and Prevention Act, 1997 applies across Ontario and consists of a set of minimum requirements for safety within and around existing buildings and facilities. The owner of the building is responsible for complying with the Fire Code, except where otherwise specified. Municipal fire departments enforce the Fire Code.

The Condominium Authority of Ontario (CAO) has prepared Guides for Boards and Managers, including the CAO Guide on Emergency Planning; that includes pertinent information on understanding legal requirements that govern aspects of condominium living related to fire safety and more.

DISCLAIMER, USE INFORMATION AT YOUR OWN RISK

This is solely a curation of materials. Not all of this information is created, provided or vetted by CCI. Some of the information is only applicable to certain provinces. CCI does not make any warranties about the reliability or accuracy of any information found in the materials on this website. The information is not updated to reflect changes in legislation or case law and therefore may not always be current and up-to-date. We suggest you seek professional advice with respect to your specific issues or regarding any questions that arise out of the material. We will not be liable for any losses or damages in connection with the use of any of the material found on the website.

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