#23387
kiwipaul
Flatchatter

    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.