Question: Residents regularly bring shopping trolleys into the car park area. This could lead to accidental damage to other resident’s cars. Could the body corporate be liable for this damage?
Residents in our apartment complex have been bringing shopping trolleys home from local supermarket. They use the shopping trolleys to transport shopping in the lift from their cars up to their apartments. They often leave empty trolleys in the car parking area. This could lead to accidental damage to other resident’s cars.
Could the body corporate be held liable for this damage? Should the body corporate committee take action to make sure trolleys are either returned collected or at least make sure that trolleys are stored where they won’t damage private property?
Answer: Dumped trolleys can cause a hazard and the body corporate can potentially be held liable for hazards on body corporate property – especially if they are not taking steps to resolve the matters.
You can report dumped trolleys directly to the shops involved and they will come and pick them up. Brisbane Council has a handy list of contacts on their webpage: Abandoned shopping trolleys.
That’s not really the issue though.
Dumped trolleys can cause a hazard and the body corporate can potentially be held liable for hazards on body corporate property – especially if they are not taking steps to resolve the matters.
As a first step you can write to owners advise them of the situation and ask them to return any trolley they may use to the relevant store.
If that doesn’t work, you may need to identify the individuals bringing the trolleys to site. Send them specific letter or breach notices if necessary. Maybe send their details to the store they are taking the trolleys from. If you are really unhappy with the situation you could have CCTV cameras installed so you can identify the relevant individuals.
It doesn’t seem like a good idea to create a space where the trolleys can be stored. While it may help with immediate management it also effectively condones the practice and infers that the body corporate has some responsibility for it.
This post appears in the July 2022 edition of The QLD Strata Magazine.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924