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Question – we have 3 X 10 min short term parks that service 125 apartments. The parks are on Community Corp common area. The parks are for drop-off, pick-up, couriers etc. There are clear signs and also pavement stencils. We have a 1st, 2nd and 3rd note-on-windscreen system – 1st is an “are you aware …” nudge note, the second is harsher “You were informed on Date that this is a 10 min zone ……….Next offence will result in a financial penalty.” So far we’ve not got to the 3rd. Is an egregious breach – say well over an hour – actually trespassing on private property in which case we can call the Police.Your thoughts?
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Most trespass is under the following
Inclosed Lands Protection Act
4 Unlawful entry on inclosed lands(1) Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands, is liable to a penalty not exceeding—
(a) 10 penalty units in the case of prescribed premises, or
(b) 5 penalty units in any other case.
There is an implied right of entry for a lot of scenarios and absent that implied right then one needs to refuse to leave after being asked to leave. Then you can call the Old Bill or maybe consider s 100 of LEPR Act
100 Power of other persons to arrest without warrant (cf Crimes Act 1900, s 352)
(1) A person (other than a police officer) may, without a warrant, arrest a person if—
(a) the person is in the act of committing an offence under any Act or statutory instrument, or
(b) the person has just committed any such offence, or
(c) the person has committed a serious indictable offence for which the person has not been
tried.
(2) A person who arrests another person under this section must, as soon as is reasonably
practicable, take the person, and any property found on the person, before an authorised officer to be dealt with according to law.Yeah … but no. Call the cops and say there’s a car trespassing on common property and they will tell you it’s not their problem – it’s neither private property (although it is) nor public property (which it isn’t) and the issue lives permanently in their too-hard basket. On the other hand, attempt to effect a citizen’s arrest and a world of potential legal pain awaits.
Parking was far and away the issue that troubled Flatchatters most in a recent poll. Even the “brilliant” idea of asking your local council to police strata car parks hit the buffers when councils realised they wouldn’t raise enough revenue to cover the cost of additional patrols and their safety rules wouldn’t allow parking officers to patrol enclosed spaces.
Enforcing by-laws only works if the miscreant is an owner or tenant or you can legitimately shift the blame to them. E.g., your visitor or employee is misusing the short-stay car park and you are liable for their behaviour.
Interestingly, in South Australia the strata committee can issue fines of up to a maximum of $500 directly to the breachers. Those fines have to be commensurate with the offence, so for parking you would do well to set it as the equivalent to a parking fine on a nearby street.
One of the most effective deterrents I have head of for rogue parkers who don’t live in the building has been to carefully place the warning notice on the bonnet under a brick.
Another has been for residents to take turns in parking their cars with a wheel clamp attached under a sign that says illegally parked cars will be clamped. FYI: Clamping and towing are pretty much forbidden in most states, except for Queensland.
I’m toying with the idea of a notice that says: “Wheel clamping is illegal in this state but, hey, if you don’t follow the rules, we won’t either. Park here again and see what happens. Fair Warning – no one will admit to having the keys to free you so you could be here for days.”
Aggressive? You bet! Legal? Possibly not. Effective? Let me know if you try it.
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.
Yeah … but no. Call the cops and say there’s a car trespassing on common property and they will tell you it’s not their problem – it’s neither private property (although it is) nor public property (which it isn’t) and the issue lives permanently in their too-hard basket.
So true.
In effect the people are abandoned by the State who do have jurisdiction but do not want to put resources into it.
SHAME on them.
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