QUESTION: I rent in a unit block that’s about to undergo major work and the executive committee have put up signs telling us the builders need 24-hour access and any vehicles found parked on common property will be towed at the owners expense.
I understand the need for the access but the towing part doesn’t sit well. Is this legal? – Hotpink, via Forum.
ANSWER: OK, residents probably shouldn’t be parking on common property anyway but unless there’s a by-law that says their cars can be towed, I believe this is an empty threat.
In fact, even if there is a by-law, I’m not sure it has any force. The law doesn’t allow you to clamp or tow illegally parked cars under normal circumstances. Some strata complexes have passed by-laws allowing clamping – requiring the support of 75 percent of owners – but I don’t know if this has ever been tested in court.
Even then, it would only apply to residents’ cars – not visiting rogue parkers – so it’s really more of a deterrent than a threat.
In your case I’d be more worried about your car being bashed by builders’ utes than taken by tow trucks.