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Bad Parking

To tow or not to tow. That is the question.

Ask anyone who lives in a strata scheme about illegal parking – it’s a common angst that most owners have experienced at some stage. It can literally drive an owners corporation crazy and cause unnecessary rifts with neighbours.

For committees, the legalities around towing an offending vehicle from common property is almost always a hot topic.

But before you pick up the phone to arrange for an offending vehicle to be removed, you should be aware of the changes to NSW legislation regarding moving a vehicle on common property.

What the updated NSW law says you can do

There is a procedure for an owners corporation regarding moving a vehicle on common property if it is blocking an exit or entrance, or otherwise ‘obstructs’ the use of common property, provided a ‘removal notice’ is placed on or near the motor vehicle.

The ‘removal notice’ must:

Essentially, if a ‘removal notice’ is correctly placed and the vehicle is not moved within the period stated in the notice, the owners corporation can have the vehicle moved:

But here’s the clencher… the law gives the owners corporation the power to move the vehicle to another place on common property but not necessarily to a public street or other property, which is exactly where you would want to move it.

If in doubt, always check first with your Community Manager for further information.

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