Towing on Common Property

WHAT SHOULD A STRATA DO WHEN VEHICLES ARE IMPROPERLY PARKED?

Neither the Strata Property Act nor the Standard Bylaws specifically establish a process for towing vehicles from common property. Instead, a Strata Corporation's ability to tow generally comes from a combination of the Motor Vehicle Act and properly drafted strata bylaws or rules.

Parking issues can be one of the most common sources of disputes within strata communities. Whether it involves the misuse of guest parking, uninsured vehicles, or residents parking contrary to the bylaws, Strata Councils are often asked whether they have the authority to tow a vehicle from common property.

CAN A STRATA TOW A VEHICLE FROM THE COMMON PROPERTY?

Section 192 of the Motor Vehicle Act provides authority for private property owners to remove vehicles that are unlawfully parked on their property. In certain circumstances, the owner of the vehicle is deemed to have authorized the occupier of the property to arrange for the vehicle to be towed and stored.

While this legislation provides a legal framework, Stratas should also adopt clear parking bylaws or rules setting out where vehicles may park and the consequences for violations. We have an article describing the limits to a Stratas bylaws.

The Morley Hanson Model Bylaws provide an example of this approach. They state that an owner whose vehicle is parked on common property contrary to the bylaws is deemed to have authorized the strata corporation to act as the owner's agent for the purpose of towing and storing the vehicle.

By combining clear bylaws with the authority provided under the Motor Vehicle Act, strata corporations can establish an effective parking enforcement program.

WHY ARE CLEAR BYLAWS IMPORTANT?

A towing policy should never come as a surprise to residents or visitors.

Clear parking bylaws (and potentially rules) help establish expectations and reduce conflicts by identifying where vehicles may park, what restrictions apply, and the consequences of non-compliance.

The adoption of a bylaw permits the Strata to use the enforcement and penalty powers under the Strata Property Act also, which may be important in some situations.

Good communication can often resolve parking issues before enforcement becomes necessary and helps demonstrate that council is acting consistently and fairly.

WHAT SHOULD A STRATA CONSIDER BEFORE ADOPTING A TOWING BYLAW?

Before adopting a towing bylaw, the Strata should carefully consider how the system will operate in practice.

Working with a towing company in advance can help council understand:

• Signage requirements;

• Procedures for authorizing a tow;

• Documentation requirements;

• Vehicle storage arrangements; and

• Any contractual obligations between the strata corporation and the towing company.

The Strata should also ensure that parking rules and bylaws are clearly communicated to owners, tenants, occupants, and visitors. We have an article on how a Strata provides official notice and what it can communicate by bulletin board.

The objective of parking enforcement should not simply be to tow vehicles but to encourage compliance and ensure that common property remains accessible and safe for everyone.

HAVING THE POWER TO TOW ALLOWS A STRATA TO MANAGE PARKING EFFECTIVELY AND REDUCE DISPUTES

Although the Strata Property Act does not specifically address towing from common property, Stratas may establish parking enforcement procedures through their bylaws and rules while relying on the authority provided by the Motor Vehicle Act. By adopting clear parking regulations, communicating expectations, and working with reputable towing providers, Stratas can manage parking effectively while reducing disputes and promoting the fair use of Common Property.