@lefty said:
If an outsiders car is illegally parked in the spot , a resident raises and locks the bollard … I can’t see any legal issues with this, but who knows?
I do. It’s an offence to “detain” someone’s car with a fine of up to $2200 under the Local Government Act. It’s worth having a look (below) as it is highly relevant to what you can and can’t do in strata parking areas.
LOCAL GOVERNMENT ACT 1993
SECT 651B Immobilisation of vehicles
(1) A person must not immobilise a vehicle owned by any other person by means of wheel clamps, or by means of any other device prescribed by the regulations, except with the consent of that other person. Maximum penalty: 20 penalty units.(2) This section does not affect any right to immobilise a vehicle that a person may have:
(a) as the driver or person in charge of the vehicle, or
(b) under the terms of a court order, or
(c) under the terms of a credit contract (within the meaning of the National Credit Code as set out in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth) in force with respect to the vehicle, or
(d) under Part 7.6 of the “ Road Transport Act 2013 .(3) For the purposes of this section, an owner or occupier of premises is not in charge of a vehicle merely because the vehicle has been left on those premises.
SECT 651C
Unlawful detention of vehicles
(1) A person who takes possession of a vehicle that has been left on premises must not:
(a) fail to release the vehicle on demand to any person having a lawful right to the possession or control of the vehicle, or
(b) demand any payment for or in relation to the release of the vehicle. Maximum penalty: 20 penalty units.
Section 650A
Strata parking areas and community scheme parking areas
(1) The driver of a vehicle parked in a strata parking area or a community scheme parking area established under this section otherwise than as permitted by a notice or sign erected by the council is guilty of an offence. Maximum penalty: 5 penalty units.
(2) The terms of the notice or sign may relate to any one or more of the following:
(a) the time during which residents or visitors may use the parking area,
(b) the maximum period for which a vehicle may be parked in the parking area (or in any part of the parking area),
(c) the designation of a parking space within the free parking area as a space for the sole use of persons with disabilities.(3) For the purposes of this section, a vehicle parked otherwise than as permitted by any such notice or sign includes a vehicle parked in a parking space designated as a space for the sole use of persons with disabilities, unless:
(a) a parking authority for a person with disabilities is displayed on the vehicle in the manner specified in the authority, and
(b) the conditions specified in the authority are being observed, and
(c) the authority is in force.(4) If spaces in which a vehicle may be parked in a strata parking area or community scheme parking area are marked by the council or the owners corporation or association (for example, by means of painted lines or by studs, pads or plates), a person must not cause a vehicle to be parked in the parking area:
(a) otherwise than in such a parking space, or
(b) in a parking space in which another vehicle is parked, or
(c) so that any part of the vehicle is on or across (or partly on or across) any line, stud, pad, plate or other mark defining the space or so that the vehicle is not wholly within the space. Maximum penalty: 5 penalty units.(5) The driver of a vehicle in a strata parking area or community scheme parking area must at all times observe and comply with any reasonable direction of any authorised person regarding the parking or movement of the vehicle within the parking area. Maximum penalty: 5 penalty units.
(6) The owners corporation of a strata scheme under the Strata Schemes Management Act 2015 may enter into an agreement with the council under which part of the common property of the scheme is set aside for use as a strata parking area and the council exercises functions under this section, including the erection of notices and signs.