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I have a very low threshold of pain when it comes to legal discussions but the key word here is “abandoned”.
How do we define “abandoned” in this regard? According to the regulations it’s a vehicle that has been left where it shouldn’t be, for more than five days, with a removal notice stuck to it, which has been ignored.
That, to me is the end of the argument. However, there is another aspect of this. If we as owners allow ourselves to be hamstrung by what we think something might mean, we can never get on with the practicalities of running our buildings for the greater good of the majority of residents.
What would happen if you followed the procedure and removed the vehicle to the street or some waste ground or whatever and the owner came back and said “I PARKED that illegally on common property – but I didn’t ABANDON it”?
Would they and could they sue? That’s their prerogative but nobody’s going to go to jail for removing a vehicle that shouldn’t be there in the first place, under the terms of a regulation that clearly allows you to do so.
We as a strata community really need to stop worrying about the letter of the law and get on with running our buildings, acting in good faith and with the best intentions. That will cover a multitude of sins.