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At a recent Fair Trading mediation we had a partial win in trying to get the OC to pursue parking on common property bylaw breaches as some of our owners have been parking and driving over the lawns which has damaged them. For some unknown reason the majority of our owners are adverse to the idea of issuing notices to comply and are unhappy with us for bringing it up. The Secretary who attended and represented the Owners Corporation at the mediation said they’d speak with the owners who do it and send a general letter to everyone reminding them not to drive or park on the lawns. So far this past week it seems to have worked. Yipee!
At the mediation the Secretary mentioned they had an unregistered car parked in one of the visitor parking spots and that they would remove it that afternoon (don’t really know why they fessed up – we didn’t know till they mentioned it). Sadly it’s now been over two weeks and the car is still there. Our Executive Committee is only made up of two and the other member always parks one of their cars in the Vistior Parking so I doubt we can get them to act.
I doubt any of the other owners who live on site care about the dumped vehicle as many were parking on the lawns anyway and are unhappy with us for attempting to stop them. Any suggestions for what we can do about the Secretary’s dumped vehicle?
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Call your local council and ask for advice on dumped vehicles? There’s usually a process to be followed eg putting notices on the car that it will be moved after an amount of time. It may be that the Council can’t act because the car is dumped on private property, but at least you can follow the procedure… and that may make the owner think the Council is acting and it is outside their control.
@Tess McGill said:
Call your local council and ask for advice on dumped vehicles? There’s usually a process to be followed eg putting notices on the car that it will be moved after an amount of time. It may be that the Council can’t act because the car is dumped on private property …There is a process whereby the owners corp can do this without requiring the assistance of the local council or the police. Section 24 of the Strata Regulations (below) spells this out.
If you click here, you can download a poster that complies with the regulation. And if you look here, you’ll find a story which reveals that tow truck companies will come and remove and impound abandoned and/or illegally parked cars, provided due notice has been served.
34 Removal of motor vehicles: section 125 of Act(1) This clause applies to a motor vehicle left on common property that is placed so that it blocks an exit or entrance or otherwise obstructs the use of common property.
(2) The owners corporation may take action under this clause if the owners corporation has placed a removal notice on or near the motor vehicle and the requirements of the notice are not complied with within the period specified in the removal notice.
(3) A removal notice must:
(a) not be less than the size of an A4 piece of paper, and
(b) be placed in a position or be in a material so that the contents of the notice are not likely to be detrimentally affected by weather, and
(c) describe the motor vehicle and state the date and time the notice was issued, and
(d) state that the motor vehicle will be removed if it is not moved from the common property or so that it no longer obstructs common property before the date and time specified in the notice (being not earlier than 5 days after the notice was placed on or near the motor vehicle), and
(e) specify contact details for a member of the strata committee, the strata managing agent or a delegate of the owners corporation in relation to the notice.
(4) The owners corporation may cause a motor vehicle to be moved to another place on common property or to the nearest place to which it may be lawfully moved, or moved so that it no longer blocks an exit or entrance or otherwise obstructs the use of common property, and for that purpose the owners corporation is taken to be the owner of the motor vehicle.
(5) The Tribunal may, on application by the owners corporation, order that the owner of a motor vehicle moved to another place under this clause, pay to the owners corporation the reasonable costs incurred by the owners corporation in moving the motor vehicle.
(6) In this clause:
motor vehicle has the same meaning as in the Impounding Act 1993.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.
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