Q&A NSW: Can a parking offender’s car be towed from common property?
Question: We have a non resident who irregularly uses visitor parking while he commutes. He has no connection with our scheme. Are we able to tow his car and is it the best option?
Answer: As the vehicle is only parked one day at a time you will not satisfy the notice requirements needed for towing.
There is a procedure for towing cars set out in regulation 34, however, as the subject vehicle is only parked one day at a time you will not satisfy the notice requirements ie that the vehicle will be towed not earlier than 5 days after the notice was issued, if not moved
STRATA SCHEMES MANAGEMENT REGULATION 2016 – REG 34 Removal of motor vehicles: section 125 of Act
(1) This clause applies to a motor vehicle left on common property that is placed so that it blocks an exit or entrance or otherwise obstructs the use of common property.
(2) The owners corporation may take action under this clause if the owners corporation has placed a removal notice on or near the motor vehicle and the requirements of the notice are not complied with within the period specified in the removal notice.
(3) A removal notice must:
(a) not be less than the size of an A4 piece of paper, and
(b) be placed in a position or be in a material so that the contents of the notice are not likely to be detrimentally affected by weather, and
(c) describe the motor vehicle and state the date and time the notice was issued, and
(d) state that the motor vehicle will be removed if it is not moved from the common property or so that it no longer obstructs common property before the date and time specified in the notice (being not earlier than 5 days after the notice was placed on or near the motor vehicle), and
(e) specify contact details for a member of the strata committee, the strata managing agent or a delegate of the owners corporation in relation to the notice.
On a practical level you could install lockable bollards (with the proper resolutions). Alternatively, you may wish to contact Local Police as the car is trespassing on the common property.
For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!
Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.
