Not legal advice, as usual.
ONCAT Ontario's
Condominium Authority Tribunal has issued a
90 day deadlined Order against three owners of what are arguably "oversized" pickup trucks. That's : too big for the underground parking.
Under the Tribunal's expanded jurisdiction the three respondent
truck owners are ordered to halt within no more than NINETY DAYS, their factually undisputed parking within the common element VISITORS PARKING. It has been contrary to a thirty year old Rule prohibiting such.
Convertible by registration to the status of a conventional Superior Court Order,
the Tribunal Order prospectively means that any respondent scofflaw Rule-breaking after that date could ultimately generate contempt of court sanctions. Enforcing Visitor Parking has typically required governancer time far beyond available resources. That's even if a local municipal by-law deputizes private / contracted ticketing & revenue sharing.
Oversize, distinctive vehicles can be magnets for complaints by owners whose legitimate visitors or service providers are unfairly shifted offsite with inconvenience, delays, and even municipal ticketing. Unit owners without $ 80 K or $ 90 K available for a vehicle, may have little sympathy. . . .
Common to the three respondents in this "merged" Tribunal process are complaints that :
their choice of declared work-required vehicles are too high /wide for the underground garage, and
somehow justify exemption;
the 30 year old Rule is obsolete or no longer reasonable given the evolution of North American demand for oversize vehicles;
now enforcing the Rule against them is unfair or discriminatory; and
the Board ( they claim ) h
ad no statutory authority to refuse to call a Rule revision meeting in response to a Requisition they had submitted.
The Member discusses & rejects all those.
Context :
Looking wider, North American consumer demand for pickups getting larger & more elaborate, has generated safety & environmental concerns. And some bitter disputes.
This includes the July 2021 issue of CR ( U.S.) Consumer Reports pg 58 to 61. An online version is June 08, 2021 “The Hidden Danger of BIG Trucks. Pickup trucks are getting larger and becoming a hazard to pedestrians and drivers of smaller vehicles” by Keith Barry https://www.consumerreports.org/car-safety/the-hidden-dangers-of-big-trucks/
Aside from seriously deteriorating driver sightlines ( blind spots ) & neighbours driven to warring about covenant/Rule restrictions, upsized vehicles have faced clearance issues including now inadequately-sized private slot dimensions, sloped ramp issues, extruding building systems, tight turn radius etc .
Where sometimes adorned with so-called "push bumpers" or bullbars, new generations of oversized pickups are accused of countering legislated design intended to reduce the severity of impacts with pedestrians, cyclists & other smaller vehicles.
It's unfortunate that this industry-wide change also arrives with many underground parking areas having tight manoeuvring limits. And compromised visibility and/or inconsistent lighting.
And one wonders what insurers think or will be risk-rating about this ?
Whether these are toys or eye-candy or otherwise, will condo Directors be hearing more demands to get them out of urban parkades & underground parking ? Now there is at least a possible condo Tribunal remedy. . . Essex CC # 25 v Ferrari et al 2021 ONCAT 79 issued Aug 25/21
https://canlii.ca/t/jhpk4Essex CC # 25 v Ferrari et al 2021 ONCAT 46 issued May 17/21
https://canlii.ca/t/jfz8d