This article discusses building manager towing liability, outlining the risks and potential personal exposure when acting on committee instructions to tow vehicles from common property.
Question: As building managers, we’ve been instructed by the committee to organise the towing of cars if they stay in visitor parking longer than 2 hrs. Can an owner of a towed vehicle take action against us?
My body corporate committee appointed a car towing company to tow cars from our visitor parking if the car is parked for more than 2 hours. There is a sign displaying 2 hours maximum parking.
We are the building managers. The committee has verbally instructed us to place a notice on cars warning the car will be towed after the 2 hour time limit has been exceeded. We then emails a photo of the car and a request to tow to the towing company.
Our agreement states only that we are to clean and monitor visitor parking. There is no mention of towing, taking photos and sending towing requests to the towing company.
We are concerned an owner of a towed car will take action against us. Where do we stand?
Answer: There is scope for an owner to involve you in any claim they may make against the body corporate.
I really don’t think people should be knowingly involved in actions they know are unlawful. I would do it gently, but as a manager, I would tell the body corporate that you won’t instruct the towing company for fear of repercussions to you personally. That could even be on written legal advice – which makes it very hard to argue with.
But to answer the question – yes, there is scope for an owner to involve you in any claim they may make against the body corporate. The merits of that are something else entirely through.
This post appears in the February 2023 edition of The QLD Strata Magazine.
Frank Higginson Redchip Strata Law E: FrankH@redchip.com.au P: 07 3193 0500