This article discusses how bodies corporate can tow vehicles from common property, including legal authority, procedures, and best-practice considerations.
Question: What is the correct procedure for towing offending vehicles if and when the offender has failed to comply with a direction to remove the vehicle?
I chair the committee for a light industrial/storage facility. Owners and tenants park unregistered vehicles for extended periods in visitor parking and common areas. Do we have the authority to tow the vehicles?
Our CMS has been updated to include a regulation on ‘goods and chattels’ left in common areas. We are updating the CMS to include the right to tow vehicles.
What is the correct procedure for removing offending vehicles if and when the offender has failed to comply with a direction to remove the vehicle?
Answer: While a corporate body ‘can’ tow, they should also consider whether they ‘should’ tow and the consequences.
The new laws that commenced on 1 May 2024 give bodies corporate the ability to tow. Here is section 163A:
163A Towing motor vehicles from common property
- Nothing in this Act prevents a body corporate for a community titles scheme from towing a motor vehicle from the common property for the scheme under another Act or otherwise according to law.
- If a motor vehicle owned or operated by the owner or occupier of a lot included in the scheme and parked in contravention of a by-law for the scheme is towed by the body corporate, the body corporate is not required to comply with a requirement under chapter 3, part 5, division 4.
- In this section—
motor vehicle see the Transport Operations (Road Use Management) Act 1995, schedule 4.
Looking at the above, where that leaves you, it would seem, is that the body corporate can tow, and can tow without having to go through the usual by-law contravention process. That’s so long as it is a ‘motor vehicle’ as defined, namely:
- motor vehicle means a vehicle propelled by a motor that forms part of the vehicle, and—
- includes a trailer attached to the vehicle; but
- does not include a low powered toy scooter, a motorised mobility device, a personal mobility device or a power-assisted bicycle.
I suggest you try and get some consensus and cooperation in the first instance from all owners and tenants. Perhaps a warning to let them know the law has changed around towing from a strata scheme. I know several bodies corporate are going down the ‘warning first, tow second’ path at the moment. That would ideally be in writing. Remember, while a body corporate ‘can’ tow, they should also consider whether they ‘should’ tow, and what the consequences will be. For example, will towing result in putting owners and tenants offside and thus create additional disputes and costs?
This is general information only and not legal advice.
This post appears in June 2024 edition of The QLD Strata Magazine.Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898