I have noticed that many people use the terms “parking space” and “parking unit” interchangeably. Unfortunately, this can cause confusion as there are significant differences between parking units and parking spaces.
A parking unit is like other units in a condominium: it is identified in Schedules “C” and “D” of the declaration and in the description as a unit, and is not part of the common elements. The unit has its own legal title, which can be searched at the Land Registry Office or electronically. The unit may be leased or transferred by the owner, unless the condominium’s documents prohibit such.
On the other hand, parking spaces are not units. There is no separate legal title to the parking space and the owner that uses the space cannot transfer it. The parking spaces may be exclusive-use common elements or part of the ordinary common elements. Exclusive-use parking spaces are identified in Schedule “F” of the declaration and on the description. Some parking spaces are simply part of the common elements and the board assigns them to the owners and occupants, sometimes in a by-law.
While it may seem trivial, the distinction between parking units and parking spaces is important because of the different legal rights and obligations associated with each situation.