Can an OC tow a car if it's parked on common property?

Sections 53A to 53E of the Owners Corporations Act 2006 deal with goods that are abandoned on common property. An owners corporation may only dispose of goods abandoned on common property in accordance with those sections. Section 53C of the Act provides that before disposing of the goods, an owners corporation may move the goods to a safe place if:

• The goods block reasonable access to a lot or the common property; and
• The owners corporation has made a reasonable attempt to locate or communicate with the person who abandoned the goods to give the person a notice of intention to dispose of abandoned goods.

In respect to towing, under the Owners Corporations Act 2006, an owners corporation must have regard to the above process before moving any goods/vehicle.

Notwithstanding the above, owners corporations need to be aware of section 90C of the Road Safety Act 1986. This provides:

A person not being a police officer, an authorised person under Part 6A or a Sheriff or a person authorised to do so by or on behalf of the owner or driver of a motor vehicle must not detain or immobilise (whether by wheel clamps or any other means) a motor vehicle that has been parked or left standing on land to which the section applies.

The section applies to land other than land that is a public highway under the Local Government Act, a freeway or arterial road or a public parking area.

This means that common property is subject to this prohibition and owners corporations arguably cannot tow vehicles either directly or via a nominated tow truck operator.

Where a vehicle is blocking common property, etc, the owners corporation should call the police and have them organise the removal of the vehicle.

Alternatively, owners corporations may enter into a parking enforcement agreement with the local council under section 90D of the Road Safety Act.