Impark unreasonable patrolling of strata parking lot

[Sporting]

The tower I live in pays a security firm to patrol the building including the parking lot 24/7. Can they not deal with parked cars that are not entitled to be there? After all there are notices that say a car will be towed if it doesn't display a sticker. On top of that Impark has a contract to patrol the lot, presumably because they have authority to issue tickets. After getting a ticket because they couldn't find the sticker, and another time because I was parked outside the lines, when the space beside me was a car width and a half, I want these guys out.
Can anyone help me with this? I just learned the Strata AGM is coming up next week. I'd love to walk in there with a motion to eliminate them.

 

[mercyshooter]

Your tower rented impark, so impark has the right to patrol for illegal parking. The security firm doesn't care about the parked cars. So, your chance is slim based on parking lot scope.

 

[CanineCowboy]

My take on it is the strata owns its parking garage and contracts parking enforcement to Impark (Impark actually owning the residential parking lot would be highly unlikely). You simply have to write to the strata council expressing your dissatisfaction with Impark and ask them to cancel the contract. The strata council then decides whether to cancel the contract or not. The second option is to present your concern at the AGM and hopefully gather additional support from other strata members which could sway the incoming council to cancel the contract. If you aren't a strata member (don't own a unit), you can neither make your request in person or in writing unless you hold a proxy from a strata member.
To be honest, unless there are other strata members that are displeased with Impark you have little to no chance.

 

[sdw]

The tower I live in pays a security firm to patrol the building including the parking lot 24/7. Can they not deal with parked cars that are not entitled to be there? After all there are notices that say a car will be towed if it doesn't display a sticker. On top of that Impark has a contract to patrol the lot, presumably because they have authority to issue tickets. After getting a ticket because they couldn't find the sticker, and another time because I was parked outside the lines, when the space beside me was a car width and a half, I want these guys out.
Can anyone help me with this? I just learned the Strata AGM is coming up next week. I'd love to walk in there with a motion to eliminate them.

The security company is patrolling to stop theft and unpleasant things from happening. Impark is contracted by the Building to patrol the lot and remove cars that don't belong there.

If your building has a lot of people that rent the suite, but don't rent the parking spot - the person who does rent the parking spot can't park when they want to. If the owner of the parking spot bought it with their suite, same thing, the owner can't park when they want to. That's why the Strata Council contracted with Impark, they got tired of being sworn at when they asked a person not to park in a spot they don't own or rent.

It works the same way as Safeway or any other business's parking. If Impark wasn't patrolling the lot at Safeway, every person that works in the area would be parking there and Safeway's customers wouldn't be able to find parking. That's why the cameras. The Impark ticket person is watching to see if someone parks and then doesn't immediately go into Safeway, if he sees a person walk off of the lot to go to the Bank or the Produce place across the street - they dash in and ticket the car. Impark gets 50% of the ticket for themselves and the ticket writer and the Strata Council gets the other 50%.

BTW changing the system in the building would be a bylaw change. The amendment to the bylaws has to be presented at one meeting and then the bylaw will be discussed and voted on at the next meeting.

 

[rlock]

The tower I live in pays a security firm to patrol the building including the parking lot 24/7. Can they not deal with parked cars that are not entitled to be there? After all there are notices that say a car will be towed if it doesn't display a sticker. On top of that Impark has a contract to patrol the lot, presumably because they have authority to issue tickets. After getting a ticket because they couldn't find the sticker, and another time because I was parked outside the lines, when the space beside me was a car width and a half, I want these guys out.
Can anyone help me with this? I just learned the Strata AGM is coming up next week. I'd love to walk in there with a motion to eliminate them.

You would have to propose it as a motion before the AGM and get a review or a vote to change put on the agenda. It might be too late for this year if it's just a week away, but try anyway. Talk to your property management company and if there's a council meeting before the AGM, go to that in person.
Even a vote for an official review of their service can put Impark on notice that their employees should be checking the permits properly.

The security company is patrolling to stop theft and unpleasant things from happening. Impark is contracted by the Building to patrol the lot and remove cars that don't belong there.

If your building has a lot of people that rent the suite, but don't rent the parking spot - the person who does rent the parking spot can't park when they want to. If the owner of the parking spot bought it with their suite, same thing, the owner can't park when they want to. That's why the Strata Council contracted with Impark, they got tired of being sworn at when they asked a person not to park in a spot they don't own or rent.

BTW changing the system in the building would be a bylaw change. The amendment to the bylaws has to be presented at one meeting and then the bylaw will be discussed and voted on at the next meeting.

I'm not sure about this. Impark is just a contractor like any other - every contract has a point where it ends, and always some terms upon which it can be reviewed or cancelled.

Impark and the security company may be different in this case, but come security companies also do parking enforcement work as part of their patrols. So it is possible to arrange that service from a single (security) company, where typically they'd check the lot multiple times a day then call someone like Buster's or Drake towing only if they need a car removed. Again, the solution is to talk with the Strata council and property managers, so they can at least convey that the situation is currently unsatisfactory.

 

[sdw]

You would have to propose it as a motion before the AGM and get a review or a vote to change put on the agenda. It might be too late for this year if it's just a week away, but try anyway. Talk to your property management company and if there's a council meeting before the AGM, go to that in person.
Even a vote for an official review of their service can put Impark on notice that their employees should be checking the permits properly.

I'm not sure about this. Impark is just a contractor like any other - every contract has a point where it ends, and always some terms upon which it can be reviewed or cancelled.

Impark and the security company may be different in this case, but come security companies also do parking enforcement work as part of their patrols. So it is possible to arrange that service from a single (security) company, where typically they'd check the lot multiple times a day then call someone like Buster's or Drake towing only if they need a car removed. Again, the solution is to talk with the Strata council and property managers, so they can at least convey that the situation is currently unsatisfactory.

In the place I'm renting, the parking patrol is enshrined in the bylaws. Apparently, long before I moved in, there was a lot of trouble with the parking. The building is like most newer buildings. There aren't enough spaces available and the early buyers who thought ahead and bought 2 parking spots made the problem even worse. Now, there are many suites that don't have a parking spot at all. The owner didn't buy one and there is a waiting list to rent one. When the building was first occupied, they went through a bunch of property managers because the non-occupant owners didn't want high maintenance fees. After a $70,000 per suite assessment to repair the building and paint the common areas, the owners got a little more reasonable about what they were willing to pay in maintenance fees. They tow you out of the visitor's parking spots if your plate says you live in the building, even if you are just unloading groceries. If you own in the building, you have a visitor's card that you have to place in your visitor's windshield.

 

[CanineCowboy]

Generally speaking, a service may be stated as required in the bylaws, but a particular contractor would never be. Rlock is right that any contract would have conditions for cancellation. Generally speaking the awarding and cancellation of those contracts is routine strata council business and does not require a strata corporation to vote on a motion presented at an agm or extraordinary meeting.
When I lived in a condo, I was on the strata council for three terms and during that time period we fired the management company and the gardeners with no consultation with the strata corporation.

 

[Feenix]

New motions cannot be made from the floor at a strata AGM. All motions to be voted on MUST be included in the AGM package the council sends to owners. That ensures everyone has an opportunity to review and vote on the motion.

You should discuss your concerns with a council member. The solution may be as simple as discussing the situation with ImPark, or redefining the scope of work with it.

 

[Sporting]

Thanks guys, that gives me what I need to improve the situation.

 

[erber]

Next time when there's another vehicle taking half of your parking spot, use your smart phone to record a short video showing both spaces, while you are proceeding to your spot in which that vehicle already parked over into your spot.

If you still receive a ticket, you can dispute it by showing the footage as a proof, and be willing to contact your local radio or tv station to expose the dispute, should the parking or property management give you the hassle.

But, forget all of the above if you do not want to be legally famous for the right thing