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?
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.
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Leanne is leading the conversation in strata and community management across Australia. With a distinguished career spanning over 25 years and holding credentials as a licensed Strata and Community Manager and Real Estate Managing Agent, Leanne has masterfully redefined the essence of premium strata service. Her approach, honed through years in senior roles within top-tier agencies, is unwaveringly client-focused, ensuring that expectations are not only met but consistently exceeded.
As a pivotal member of the Strata Community Association (SCA) and the CEO of the award-winning Premium Strata, Leanne, together with her team of seasoned strata managers, embodies a commitment to unparalleled service excellence. Beyond steering Premium Strata and Premium Building Management, her influence extends across the property industry as a leading voice. Leanne's insights on legislative updates and industry shifts are invaluable, offering guidance to lot owners on intricate strata matters and fostering effective and informed strata management practices.
Leanne is a regular contributor to Lookupstrata.
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