QLD: Dealing with abandoned bicycles in a body corporate complex

Question: How does a Qld body corporate committee we deal with abandoned goods like bikes that have been left by past residents?

Our complex has a large numbers of rented lots, and tenancies change regularly. We have a number of bicycles racks, and the executive committee believe some of the bikes are abandoned, left by vacated residents. What is the Queensland law for unclaimed property? Can the committee tag them for removal if they have not been claimed by a certain date? If not claimed, do we take the bikes to the Police Station?

Answer: There is no specific process prescribed under the Act for dealing with unclaimed items.

It is not uncommon for residential strata complexes with high rental turnover to face issues with abandoned property, such as bicycles.

This issue must be handled in accordance with the Body Corporate and Community Management Act 1997 (Qld) (“the Act”) and your by-laws.

Abandoned Goods: Bicycles

Where bicycles are suspected to have been abandoned, the committee should proceed cautiously. While there is no specific process prescribed under the Act for dealing with unclaimed items, the committee may want to consider taking the following reasonable steps:

1. Tag and Notify: Attach a dated notice to each bicycle advising that it appears to be abandoned and will be removed if not claimed within a specific timeframe (e.g., 28 days). Include contact details for owners or tenants to get in touch.
2. Give Notice to Residents: Distribute a general notice to all owners and residents, advising all of the process, including the deadline for claiming items.
3. Unclaimed Property: If, after the notice period, bicycles remain unclaimed, the body corporate may consider delivering them to the local police station as unclaimed property or disposing of them in a reasonable manner. Some bodies corporate will donate these to charity.
4. Tag and Register Annually: Residents could be asked to completed a proforma bike registration form and receive a new coloured tag each year. This way the body corporate could establish which bikes may be abandoned and then focus on those bikes only.

It is important to document all steps taken to show the committee has acted fairly and transparently.

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.

Karen Thompson
Vision Strata
E: contact@visionstrata.com.au
P: 07 5630 6546