Question: I stay overnight a few times a week at a friend’s apartment and park in visitor parking. I’ve received notes threatening to clamp my car. Can they do this?
I stay overnight a few times a week at a friend’s apartment. If there is no street parking, I park in visitor parking. There are no signs up stating the time frame etc for visitors.
I have been getting handwritten notes left on my windscreen threatening removal or clamping of my vehicle. What are my rights as a visitor? Can the owners corporation clamp my car?
Answer: Would you be considered a bona fide visitor given the frequency and duration of your staying-over?
The issue is whether you would be considered a bona fide visitor given the frequency and duration of your staying-over. Further, under Section 651B of the Local Government Act 1993 – Immobilisation of vehicles, it is unlawful to immobilise a vehicle except with the consent of that other person. In our view, the terms of the by-law are unlikely to amount to you having consented, in which case it would likely be unlawful for them to clamp your car.
This post appears in Strata News #614.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440