Ticketing and Towing Vehicles in Condominium Corporations

by: Julia White

There are many reasons why the Board of Directors of a condominium corporation would want a vehicle towed, including violation of parking rules, expired plates, or an inoperable or derelict vehicle.

The Condominium Authority Tribunal has recently provided some guidance on whether a condominium can legally tow a vehicle.

In Hum v. Waterloo Standard Condominium Corporation No. 670, 2023 ONCAT 38, a resident’s vehicle was ticketed and towed after parking in the condominium’s underground parking garage without displaying a parking pass.

The condominium had a rule requiring owners and residents to comply with all traffic and parking rules established by the Board and parking signage posted by or on behalf of the Board. A notice had also been sent out advising residents that any vehicle parked without a parking pass would be ticketed and possibly towed at the owner’s expense.

The resident had a parking pass and was aware of the rules but did not display the parking pass. The vehicle was towed with a Board member present.

The CAT found that the ticket was reasonable in the circumstances because the resident was aware of the rules, but failed to display their parking pass, as required. However, the CAT found that towing the vehicle was not reasonable because it resulted in significant costs and an inconvenience to the owner of the vehicle. This was not a case of continuous improper or illegal parking. In fact, the resident had only moved in less than a week prior to the incident. A ticket would have been sufficient as a warning, and in this case it was not necessary to have the car towed.

The resident was entitled to reimbursement of the towing costs, as well as their CAT fees in the amount of $200, but not for the cost of the ticket.

Key Considerations

Condominium corporations should have rules in place which clearly indicate the parking requirements and that residents who do not comply with those rules will be ticketed and, in some cases, towed.

However, condominiums must act reasonably when enforcing the rules. This means towing should be the last option. Notices should be sent to advise and remind owners and residents of the rules, and warnings should be given to those who do not comply, along with tickets where permitted. Just because the governing documents authorize the Board to have a vehicle towed, does not mean they should.

Where proper notices have been sent out and/or posted, there is a rule in place that has been violated, and the vehicle has been properly ticketed and still not complied, towing may be reasonable and, in such cases, most towing companies will agree to towing, so long as they are indemnified by the condominium. However, this action should be reserved for cases where an owner has shown continuous disregard for the rules and the Board does not believe a lesser alternative will achieve compliance.

No luck with towing?

Where towing is not an option, or the towing company refuses to tow, the condominium is left with commencing an Application with the CAT for enforcement, whereby the condominium would be seeking an Order finding that the owner is in breach of the condominium’s parking rules and ordering the removal of the vehicle from the parking space. However, this does not get the vehicle physically removed, but rather, gives the condominium the clear right to have it removed.

In Toronto, towing companies are often reluctant to tow a vehicle until it has been ticketed by the Toronto Police Services Parking Enforcement Unit. Sometimes, even in the face of a valid ticket, they will not tow unless the vehicle owner is present!

If towing is not an option, then the CAT Order must be enforced through the Ontario Superior Court.