› Forums › Parking Peeves › Body corporate’s right to tow residents who park in visitor-allocated car spaces › Current Page
You can obtain the number of Visitor Spaces from the Development Approval for the Body Corporate which the SM should have or from the council records.
Even if a bylaw is passed to tow ONLY resident vehicles can be towed because to tow a vehicle requires the drivers permission and as it’s a bylaw and all resident must comply with the bylaw the permission to tow is implied.
As I’ve said I’ve never seen a court ruling supporting this premise or rejecting it so it’s a bit in the air. You have also got the problem of getting a tow company to actually tow the vehicle because they could be accused of theft if they tow a non residents vehicle or even a residents vehicle if the resident take the issue to court.
This issue is legal nightmare.
A better solution is to go the conciliation and then adjudication and if they continue to park in the visitor bays a magistrates court can fine them a max of $44,000 plus costs.
