Posted by: Daryl & Wendy Ashby | December 1, 2010

Parking Stalls and Storage Lockers

Simply because a seller has the use of a parking stall or storage locker, does not imply ownership and therefore the right to sell the same along with a condo or townhome dwelling.

Property on a strata plan is designated as either a strata lot or common property (CP), which can be further designated as limited common property (LCP). Both CP and LCP are owned by all the owners within the strata corporation; while individuals exclusively own their strata lots.

When strata plans designate parking stalls or storage lockers as part of a strata lot, the seller has the sole use of the area and therefore can automatically pass the use of these features along to a buyer. Alternately if the stalls or lockers were part of a separate strata lot, the buyer must be certain to have those entities included within their purchase and sale agreement.

Limited Common Property is that portion of the common property that is designated for the exclusive use of a particular strata lot owner and while shown on the strata plan as such, those areas are not owned by the seller.

Common Property is one hundred per cent under the control of the Strata Council, unless that is there is a developer’s lease affixed to it. The Strata Council has the authority to grant an owner or tenant exclusive use of the amenity, but that privilege is generally not transferable.

Developers can enter into a lease with the Strata over the use of parking stalls, or storage lockers to use themselves or for the benefit of a related company. Generally this is engineered well prior to the initial marketing of a complex, but not always. Sub-leases can exist where a developer has assigned an addition parking stall or locker to a buyer. Generally such a sub-lease will assign the agreement to a new buyer, but be certain and have this checked by your lawyer prior to closing a deal.

In some cases the original seller actually purchased the parking stall or locker from the developer. While this may be the seller’s belief, and indeed that individual deposited monies into the developer’s account in excess of the units purchase price, if it is not shown on the strata plan as park of that person’s strata lot, there will be no transfer of ownership to the new buyer.

In closing, always insist on acquiring a copy of not only the strata plan as it relates to your unit, but also a copy of the “common property strata plan” as it will show you what it is that is not under your ownership.

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