Can a condocorp ban access to a non-resident owner to his…

Great!, Thank You Debra

they are saying that I am not a resident ownerthis is not my principal residence , I go there from time to time , my wife also to park there as she works in downtown

They are claiming that Non-resident owner can't use their designated parking spots per the condo act !! which is limiting my exclusive right to to both the spot and the unit for the inconvenience . Despite I already notified them 2 weeks ago that the my old tenant is no longer living in my unit and to switch the unit /parking spot back to me for my personal useIam not really familar with the by-laws , Hence seeking you help

Ok, Thx Debra ,it's good as a starting point . I will email them asking for the By-Laws /provisions they are relying on and share back with you if it makes sense . Sounds good or is there anything else I could do ?Do you have an email that I can use to Forward you for info that may be valuable to you ?

Thank You Debra , I escalated this matter to condocorp requesting to reactivate my access to my designated parking spot asking for the bylaws provisions , they replied today with the following asking for my driver's license showing my unit address a s a primary residence !!!Good afternoon Mr. Aggour,I have discussed the matter of access to the parking garage with the Property Manager, Mr. Marek Swiecicki who has provided the following documentation:Excerpts from Declaration:The owner of each unit shall comply and shall require all residents, visitors, tenants, employees, occupants, agents, servants, and customers to his unit, to comply with the Act, this Declaration, the By-laws and the Rules passed pursuant thereto. Without limiting the generality of the foregoing, no condition shall be permitted to exist and no activity shall be carried on in any unit or the common elements that constitutes a nuisance;Recreation Areas - As set out in Schedule "F" attached hereto, only occupants of the Residential Units, their household and invited guests shall be entitled to the recreational, non-business use and enjoyment of those parts of the common elements designated as Recreational Areas, subject to the Rules passed by the Board from time to time. The owners of the Commercial Units shall not be entitled to the use of that portion of the common elements designated as Recreational Areas.Parking
In this Section, "Permitted Assignee" shall mean the occupant or occupants of a Residential Unit and persons working at or employed at the Commercial Units, who do not otherwise have the use of a parking space in the Parking Garage.
The owners of each of Unit 5, Level 1 and Unit 6, Level 1 shall have, for the purpose of parking motor vehicles, the exclusive use of the parking space in the Parking Garage as set out in Schedule "F" attached hereto.
The owners of each of Unit 5, Level 1 and Unit 6, Level 1 may from time to time designate a Permitted Assignee to park motor vehicles within the parking spaces identified above for whatever consideration as the owner may deem appropriate, and the owner shall be entitled to the benefit of such consideration.
Each Residential Unit listed in Schedule "G" annexed hereto shall have attributed to it the right to be allocated a parking space within the Parking Garage for the purpose of parking motor vehicles (herein called the "Parking Right"). The Board or the Manager shall allocate to the owner or owners of each of the said units, from time to time, a parking space in the Parking Garage to be used by an occupant of the unit or a Permitted Assignee designated by the said unit owner. Each such owner enjoying the Parking Right, shall, in the event that the parking space to which the said owner is entitled is not required by an occupant of his unit, designate a Permitted Assignee in accordance with paragraph (e) below to use the said parking space for whatever consideration the owner may deem appropriate, and the owner shall be entitled to the benefit of such consideration.
As there are insufficient parking spaces to permit the allocation of one parking space to each Residential Unit, the owners of the units listed in Schedule "G", (and thereby ;enjoying the Parking Right), shall, if the parking space to which they are entitled is not being used by an occupant of ,such owner's unit, offer to designate a Permitted Assignee to use the said parking space in the order of priority set out in Schedule "H" annexed hereto or as may be amended pursuant to the terms of paragraph (f) below. No person shall be entitled to be designated as a Permitted Assignee if any occupant of the unit occupied by. such person, or any ,person working at or employed at the Commercial Unit at which the said person works or is employed, then has the use of a parking space, unless occupants of all Residential Units listed in Schedule "H" entitled to be offered the designation have been offered the designation in accordance with the priority scheme set out in Schedule "H" and have not accepted the same. If the owner of a Residential Unit. listen in Schedule "H" has filed a waiver of the right to be offered a parking space, which waiver is still in effect, the occupants of such unit shall not be entitled to be offered the designation.
Any two owners of units listed in Schedule "H" may by written agreement switch their respective positions in the priority scheme originally established by Schedule "H" or as may have been altered by other written agreements made pursuant to this paragraph. Notice of such agreements may be registered in the Common Elements and General Index and a copy of such agreements must be sent to the Board or Manager to be effective and binding as between the said unit owners. The Board or Manager shall issue a revised Schedule "M" priority scheme on a monthly basis.
No Permitted Assignee may designate any other person or persons to use the parking space of which the said Permitted Assignee has been designated a user by an owner of a unit enjoying the Parking Right.
All designations of Permitted Assignees made by or on behalf of an owner of a unit enjoying the Parking Right shall be in writing and shall terminate forthwith upon the transfer of registered ownership of such unit.
Designations of Permitted Assignees shall be terminable at any time upon 30 days' written notice by the owner who made such designations.
The allocation of the parking spaces in the Parking Garage shall be reviewed by the Board or the Manager on a monthly basis to ensure that the priority schemes established in this section are being adhered to.
In the event the owner of a unit has engaged the services of a Rental Manager, the Rental Manager may, on behalf of the said owner, make any designations under this section that the owner is entitled to make, may terminate any such resignations, may fix and receive consideration for any designation, may make file or revoke the right to be offered a parking space and may enter into agreements pursuant to paragraph (f) hereof on the owners behalf, all in accordance with the terms and provisions of this section.
SCHEDULE "F"EXCLUSIVE COMMON ELEMENTS(a) The owner of a unit shall have exclusive use of any balcony to which his unit gives sole and direct access.(b) Certain unit owners shall have exclusive use of those parts of the common elements set out hereunder,i) For the purposes of parking a motor vehicle only:UnitLevelParking SpaceLevel51P-1C61P-2Dii) For the purposes of a terrace:UnitLevelTerraceLevel12T-1222T-2232T-32iii) For purposes of a roof deck:UnitLevelRoof DeckLevel623D-123723D-223923D-323923D-423iv) For the purpose of a recreation area:Units 1 & 2Level 1) Recreation
) Area R-1
)
) Level 2
)
)Units 1 to 7
(inclusive)Level 2Units 1 to 10
(inclusive)Level 3 to 23
(inclusive)all as shown on Sheets 1 to 3 of Part 2 of the descriptionThe exclusive use of the above mentioned portions of the common elements shall be subject to the provisions of the Declaration, the By-laws of the Corporation and the Rules passed pursuant thereto, and subject to the right of entry in favour of the Corporation to those areas of the exclusive use portions of the common elements which may be necessary to permit repairs or maintenance thereto, or to give access to the utility and service areas adjacent thereto.In order to restore your access to the parking garage please provide the corporation with a photocopy of your provincial Driver's License showing 407-199 Kent Street, Ottawa, ON K2P 2A8 as your principal residence.Thank you,Scott Stilborn
Superintendent
C.C.C. 347Looking forward to getting your response and whether they can really block my access to my unit I purchased as a secondary residence !! and what we should do next as my wife is paying to park outside now where both our unit and our parking spot are vacant /not used !

Ok, do we have a strong case here based on the provisions they shared ? if so would you be able to send them an email with this to see whether they will reactivate my fob or not to pursue a litigation path ?

Would you recommend someone familiar with this to contact ?

Great info . Will do , thx Debra

One quick question, From your interpretation to their bylaws provisions shared , does it really say clearly that non resident owner doesn't have the right to use their parking spot that they rely on ?

Got it , this makes me feel empowered to have a strong case , appreciated Debra

Hi Debra, I checked the lawyers directory and couldn't find " Condo law " , which category I should select here ?Area(s) of Law/Legal Services
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