Help on a parking stall problem

[JBagorio]

Hi Everyone!

I just would like to ask your help and opinion on a matter that I have been facing in the past 3 - 4 years with the builder regarding a parking stall here in Calgary. When I purchased a condominium off my sister 3 years ago we both (her the seller and me the buyer) have learned through the process that the parking stall that was in their name and transferred to my name wasn’t the one she thought they owned and signed for based from their original purchase agreement. The builder gave them title on the one that they have exclusive rights to use/rent and pay for via the condo fees. My sister has overlooked the situation since the stall numbers and the legal numbers are always misleading in most cases and they went with it unaware. It wasn’t so much of a problem for me at first, until I found out that the parking stall (the wrong one) was barely a legal space since you can barely park a compact car on it. So I immediately contacted the builder and gave them all documents that shows the mistake and demanded the switch, but did not get any solid response until couple of days ago, when I receive a call from my tenant stating that she is no longer able to park due to a barricade with a for sale sign on it.

I got a hold of the company the next business day and assigned me a new person on Monday this week and explain to her the situation and faxed her the original purchase contract. She came back to me today stating that she can’t do anything to help me given that the original purchase agreement was not between me and the builder and that of the original owner.

What a mess. How could they do this? Besides the main issue…How could I be paying for an association dues for 2 parking stall and with no warning at all the builder turns around and sell it. I am not really sure who to blame here. How could the condo board allow this to happen?

I really don’t know what to do now. I left a message to my new lawyer and waiting for his response. Have anyone experienced this situation and what are the steps you have taken to get through this? Please help!

 

[Dan_Eisenhauer]

You made the right move to work through your lawyer.

This could get messy because someone did not do their homework. Everyone might become entrenched in their position.

The worst case I know of of not properly checking documents was a house in Nova Scotia that was built on a lot adjacent to the one purchased. The owner of that lot was unforgiving and would not accept an exchange of lots. The new owner had to tear down the house and rebuild on their true lot. I have no idea who paid for that error.

 

[JBagorio]

I just filed a caveat on the parking stall unit at the Land titles. Apparently this builder is well known for this type of issues. I just learned that another person in the community might be in the same situation. As well not too long back in 2008 this builder was featured in CTV for similar problem related to parking stalls. Last year the Condo Association has filed a law suite for damages and out of code practices during the construction that’s been causing issues with the buildings. I just wanted to share to prevent it from happening to anyone. Truly, it all boils down to doing your home work. This was my first rental property and such a good lesson to learn.

 

[JBagorio]

Just want to share to you a happy ending to this story!!!!

A year ago I posted this thread scrambling and not sure what to do with the given situation...As always, good deeds and honesty prevail. I got what I wanted finally...the title to the right parking stall!!!

As I have told you, the condo association filed a lawsuit against the builder for some other reasons. Anyhow not too long ago condo board ended up with all the parking stalls the builder still owned as part of settlement. With months of negotiation and pleading my case to the Condominium Board this time, and presenting them with all the facts...I finally got the switch I was asking for. Just as the original purchase contract on my sister`s behalf on day one:

Purchase of parking stall #59 and exclusive rights to use on stall #1.