This question and answer about a tenant leaving an abandoned car on your property has been supplied by Hynes Legal.
Question: How do you remove an abandoned car on your property?
A previous tenant has moved out and left his unregistered car behind in the underground car park and despite repeated requests has not returned to remove it.
The letting agent has not co-operated on the matter claiming that the tenant’s account with them is now been closed.
How does the Body Corporate legally remove the offending vehicle?
How can the removal costs be referred back to the previous tenant as this should not be a Body Corporate expense?
Answer: If the body corporate is 100% certain that the car is in no way connected with anyone in the scheme, the pragmatic approach is to tow
The issue is this:
The body corporate cannot tow the car of an occupier without going through the formal by-law breach process.
If the car does not belong to an occupier it becomes like me parking on your driveway without your consent. You can arrange to tow me.
If the body corporate is 100% certain that the car is in no way connected with anyone in the scheme, the pragmatic approach is to tow it and see what happens. The worst that can happen is the owner comes back and says ‘You should have breached me, and you didn’t, therefore you owe me what I spent to get my car back.’
If the owner was not associated with the scheme the body corporate’s position would very defensible.
If the owner was an occupant the body corporate would not have a leg to stand on.
That is the pragmatic position! And if only we could get some legislative reform to make this all a lot easier…
This post appears in Strata News #108
Still after more information about what to do about an abandoned car on your property or even more general articles about strata in Queensland? Visit our Maintenance and Common Property OR FactSheet: Strata Legislation Queensland
The photo associated with this post has been supplied by Flickr: Lisa Brank – Old Cars