Current Page

[Jimmy-T]

There’s nothing quite like a parking issue to get flatters chatting and a question a couple of weeks ago got a pretty hot and heavy response in the Online Herald.

As various, mostly strongly worded views poured in, a couple of things became clear.

First, the laws in NSW relating to towing and clamping of cars are different from other states, especially Queensland.  Add that to the fact that basic strata laws are literally all over the place and you get a very confused picture.

Worryingly, a lot of people don’t know what they can and can’t do.  I had to chuckle at one reader who wrote: “Unless the laws have changed in the 19 years since I lived in Sydney, you are allowed to tow cars parked illegally on private property.”

Guess what, pal, the laws have changed in the past 19 years, big time. So let’s make this clear: if you live in NSW and someone parks on your land or common property, you can’t tow them, clamp them or block them in. In fact, there’s very little you can legally do, there and then.

One reader even posted a link to the relevant law which talks about “detaining” vehicles and says: “A person must not immobilise a vehicle owned by any other person by means of wheel clamps … except with the consent of that other person.”

Now, think about that last bit. Who’s going to give permission to clamp their cars?  Well, some Owners Corporations are getting strata owners to do that by adopting by-laws that allow clamping if they park their cars illegally.

I know this has been effective in curbing rogue parking – although it only applies to residents’ cars – but I wonder if it’s ever been tested. What if someone writes to the Executive Committee and says “I don’t give you permission to clamp my car” or even just votes against it?

I’m told a sign that says: “Warning – cars parked here have been vandalised” works a treat.

Much more on this HERE  plus a link to the amended law HERE.

 

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

Topic