Owners and renters are being warned to read their condominium corporation bylaws carefully after an Edmonton man had his car impounded.
Taylor Getschel’s 2001 Saturn was insured for fire and theft but the sticker on his plate had expired because he wasn’t driving.
He says by the time he discovered it was gone the towing company’s storage charge was more than half the value of the car, and climbing at $80 a day.
Getschel hadn’t driven the Saturn in six months because of a neck injury he suffered in a car accident.
“It makes no sense at all, considering I had insurance and I wasn’t driving,” Getschel said.
The head of the condo board for Tradition at Southbrook says it was fully entitled to impound his car, but might have acted differently had it been aware of Getschel’s “unique” situation.
Owner says he was told unlicensed car was ‘no problem’
Getschel said he was preparing to put his car back on the road when he went to the garage and discovered it was gone.
“I honestly first thought it was stolen,” Getschel said.
He said he called police and was told it had been impounded on the orders of his condo board.
“I was just furious. I was outraged because (the property manager) told me that I was safe and good to go because my neck was fractured and I can’t drive.”
After calls from Go Public, the condo board had Getschel’s car towed back and paid the bill. (CBC)
Three weeks earlier, Getschel said he was left a notice giving him 10 days to renew his licence plate or his car could be towed.
He said he spoke to the property manager whose name and number were on the notice and explained his situation.
“I told him the reason why my car wasn’t moved and he said that’s no problem,” Getschel said.
“He wrote it down and said he’d notify whoever, and they’d quit disturbing me.”
Getschel says he called the property manager back and was told he’d broken the condo corporation’s bylaws.
“He said that they can’t help me out,” Getschel said.
“But he told me I was safe. I didn’t have to worry about it. Then he told me I’m screwed… because I didn’t have sticker on my licence plate.”
‘Rules are rules’ condo board says
It’s important for owners and renters to know the bylaws said Brian Cleland, chair of the board at Tradition at Southbrook Condominiums.
“Rules are rules,” Cleland said.
“We have our bylaws we have to follow on behalf of 220 owners here, and the board acted the way they should have in this case based upon the information they had,” he said.
Cleland said the board was never told of Getschel’s circumstances when it ordered his car impounded or that he’d been given assurances by the property manager.
“If we had all the information we might’ve made a different decision and different result. Simple as that,” he said.
Condo board chair Brian Cleland says he was unaware of Getschel’s injury when the board ordered his car impounded.
Cleland said the corporation’s insurance policies requires all vehicles to be licenced.
He said the Southbrook complex has a problem with unregistered vehicles, some of which have turned out to be stolen.
Cleland said another resident, who used to serve on the condo board, spotted Getschel’s car in the underground parkade and made a complaint.
When Go Public visited the complex, a snow-covered Jeep Cherokee, with no plate, was parked outside near the complex’s front doors.
Board reverses decision after calls from Go Public
Cleland said he personally got involved after hearing about Getschel’s circumstances from Go Public.
The board reconsidered Getschel’s case and agreed to pay to have his car released and towed back to his parking spot, provided he get it licensed.
Cleland said he hopes for clearer communication in future between the board and its property manager.
Rigid condo rules good for residents, lawyer says
Residents need to be aware of condo bylaws because boards rarely make exceptions, according to Robert Noce, lawyer for the Tradition at Southbrook condo complex.
“Boards don’t have that kind of discretion,” Noce said. “A breach in a breach.”
“And it’s a good thing. It eliminates the possibility of one owner being favoured over another.”
Noce said condo corporations enact bylaws to protect the quality of life for hundreds of residents, which means there are more rules than living in a single family home.
Condo complexes wouldn’t be attractive places to live without enforceable rules, he said.
“You run the risk that you have a junk yard in your complex.”
“If you don’t like rules and you don’t like people, condo living is probably not for you.”
Getschel said it’s “awesome” his car is back and says his relations with his condo board are patched-up.
“It felt amazing,” he said.
“People make mistakes. I have no hard feelings at all”
