In December 2022, Vancouver Metropolis Council quietly enacted Bylaw No. 13575 (the “Modification”), being an modification to the Metropolis of Vancouver’s Parking Bylaw 6059 (the “Parking Bylaw”). Pursuant to the Modification, accessible parking stalls in strata-titled developments should now be:
- held in frequent possession; and
- not assigned to any strata lot.
Consequently, proprietor builders and strata companies will not have the ability to allocate accessible parking stalls to strata lot purchasers and house owners for his or her unique use, even when topic to a re-allocation mechanism in a parking lease (as mentioned additional beneath).
Please word the Modification isn’t retroactive and can solely apply to new initiatives with rezoning or growth purposes submitted to the Metropolis on or after January 1, 2023. The Modification doesn’t apply to current strata titled buildings nor developments with energetic allow numbers created previous to 2023.
Background
The Parking Bylaw regulates off-street parking within the Metropolis of Vancouver and, amongst different issues, units out the quantity, measurement and placement of accessible parking areas that should be obtainable for every constructing classification, resembling for a multi-dwelling strata constructing. The Parking Bylaw defines accessible parking as “a parking area for using an individual who has a loss, or a discount, of practical skill and exercise and consists of an individual in a wheelchair and an individual with a sensory incapacity which incorporates visible impairment”.
The Modification is a part of the Metropolis’s Accessibility Technique first adopted by Metropolis Council on July 19, 2022, searching for to create extra inclusive and accessible providers, packages, buildings, and public areas, and take away limitations to collaborating in metropolis life. In brief, the Modification is supposed to make accessible parking stalls extra available to these residents who want them.
Influence on Builders
With respect to strata-titled developments, a standard parking allocation methodology obtainable to proprietor builders is by the use of partial project of a long-term lease (99+ years). Through the growth course of, however earlier than the strata plan is filed, the developer leases the event’s parking stalls to a associated firm. That firm then assigns the parking stalls to purchasers of the strata tons once they buy items within the undertaking, and sometimes for a charge.
Earlier than the Modification, accessible parking stalls in a strata growth have been typically topic to a parking lease and allotted to purchasers like every other stall within the undertaking, even to individuals who don’t maintain a parking allow for folks with disabilities (an “Accessible Parking Allow”). The phrases of those parking leases, nonetheless, usually embody a re-allocation mechanism relevant to accessible stalls in order that, if one other proprietor or resident who does maintain an Accessible Parking Allow is assigned a parking stall that’s not an accessible parking stall, the strata company could trigger the house owners to modify parking stalls (thereby allocating the accessible parking stall to the particular person holding the Accessible Parking Allow).
Going ahead, the above described accessible parking allocation methodology will not be permitted within the Metropolis of Vancouver. Equally, designating accessible parking stalls as restricted frequent property for the unique use of a strata lot is opposite to the Parking Bylaw. With respect to any new strata-titled growth with a allow quantity generated on or after January 1, 2023, accessible parking stalls should be frequent property of the strata company and obtainable to customers holding Accessible Parking Permits on a first-come, first-served foundation, topic to the strata company bylaws.
Steep fines could also be imposed for violating the amended Parking Bylaw. Each one that violates the bylaw is liable to a high-quality of between $250 and $10,000 for every day such offence continues.
The Modification could necessitate adjustments to proposed strata plans, disclosure statements and/or parking leases. When you have any questions on this Modification to the Parking Bylaw, please contact a member of our Actual Property Group.
