Can the committee remove owner's stored items from the car park?

It is not uncommon for residential strata complexes with high rental turnover to face issues with the unauthorised use of common property for storage.

The committee must handle this issue in accordance with the Body Corporate and Community Management Act 1997 (Qld) ("the Act") and your by-laws.

Storage in Common Property

Common property must not be used for private storage without body corporate approval. Where property is stored outside of the allocated car parks (e.g., against walls in the basement), the committee may:

1. Issue a written request to the lot owner or occupier to remove the items as they are obstructing common property.
2. If the items are not removed, consider issuing a formal contravention notice under Section 182 of the Act, which gives the body corporate power to take enforcement action.
3. In some cases, particularly where items pose a safety risk or impede access, the committee may need to engage legal advice to determine whether removal is permitted and how to do so without breaching occupants' rights.

As a general rule, owners and tenants should only store property within the boundaries of their allocated lots or exclusive use areas, with the consent of the body corporate and in line with your by-laws. Where lot entitlements include a car park, storage within that car park is typically permitted (subject to fire safety and obstruction concerns). Still, any property stored on common property outside these boundaries should be removed. If items are permitted to be stored within the boundaries of a parking bay, the occupant's vehicle must also be able to be parked within the boundaries of the parking bay and not protrude over common property.

If unsure, committees are encouraged to seek qualified strata law advice or consult with the Office of the Commissioner for Body Corporate and Community Management.