Q&A: Can NSW Owners Corporation tow your car?

A Look Up Strata reader in NSW wanted to know whether his unregistered project vehicle, parked in his assigned parking space without causing any disturbance, can be towed away by the Owners Corporation.

One of his neighbours warned him that if he didn’t move the vehicle within two weeks, the car would be towed of the property.

ANSWER: Generally speaking, no, the Owners Corporation has no right to tow your vehicle. The new towing provisions do not apply, given that the car is not blocking an entrance or exit and is not obstructing common property

It is not placed in such a position that the new towing provisions of the new strata legislation apply (i.e. it is not blocking an entrance or exit and is not obstructing common property).

The project vehicle may, however, infringe another by-law applicable to the scheme (e.g. in keeping with the appearance of the building or what may lawfully be stored in a car space). However, even then it is unlikely that the Owners Corporation has any powers to lawfully tow your vehicle from your own private property without your consent.

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