Strata guests parking without a visitor pass? Dispute over towed car a reminder for clear signage

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      Stratas can learn something about a dispute that was brought before a B.C. Civil Resolution Tribunal.

      The matter was in connection with a car parked by a visitor at a strata property, which was later towed.

      The strata has signage at its parking area that says ‘visitors’.

      The sign does not state that guests should get a parking pass, and display the same in their vehicle.

      The dispute was resolved by tribunal member Butch Bagabuyo in favour of the applicant, Christian Cordero.

      Cordero wanted the strata to reimburse him for the towing charges of $280.72.

      “I find that clear signage at the time the applicant parked his car would have avoided this dispute and the applicant’s claimed damages,” Bagabuyo stated in his reasons for decision.

      Cordero was visiting his aunt at the strata property in November 2019.

      The guest parked his vehicle, and it was towed.

      The strata argued that it was authorized under its bylaws to tow vehicles parked on its premises that do not have a valid parking pass.

      “The respondent says it did not know who the vehicle belonged to or that the applicant was visiting,” Bagabuyo noted.

      According to Bagabuyo, the “root cause of this dispute is the lack of clear signage requiring visitors to display a valid visitor’s parking pass”.

      “I find that parking signage that just says ‘visitors’ would reasonably lead the applicant to believe he had permission to park where he did,” Bagabuyo stated.

      “In fact,” Bagabuyo continued, “I find the applicant parked there precisely because the signage invited or directed him to park there as a visitor.”

      According to Bagabuyo, the “onus would have been on the applicant to make inquiries about parking passes had the signage alerted him of its need”.

      “But, given the signage, I find it was unreasonable to expect him to make further inquiries when he had no reason to do so,” Bagabuyo said.

      Bagabuyo ordered the strata to reimburse Cordero with the $280.72 cost of towing, plus tribunal fees and interest.

      Cordero also claimed $1,000 in compensation for his time in the dispute, but he is not getting any of that.

      “The tribunal typically does not award a party expenses for their own time in dealing with a dispute, consistent with the tribunal’s practice of not generally awarding legal fees,” Bagabuyo stated.

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