Court Declares Condo By-Law Authorizing Allocation/Lease of Common Element Parking Spaces to Unit Owners is Valid

In a recent case, Cheung v. YCC No. 759, a unit owner in a commercial condominium unsuccessfully challenged the validity of a by-law that allocated/leased 4 common element parking spaces to each unit. Before the enactment of the by-law, parking was on a first-come first-serve basis.  The unit owner who challenged the by-law owned 3 units that were leased to a popular restaurant. Due to the popularity of the restaurant, there wasn’t sufficient parking on the condominium property to accommodate the patrons of all of the units. The restaurant customers were using the bulk of the parking spaces to the detriment of the other unit owners.    Read the article…………


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