This article discusses QLD visitor parking towing, specifically when a body corporate can tow vehicles for ongoing misuse without needing a magistrate’s order.
Question: If the body corporate has repeatedly warned residents about parking in visitor spaces, can we tow, and do we need a magistrate’s order to do so?
Four new owners in our complex each have a second car, and they regularly park in the visitor parking spaces. As a result, when our family or friends visit, there are no available parks. The body corporate has repeatedly advised these owners that parking in visitor spaces breaches our by-laws, but the issue continues.
What does the new BCCM legislation say about towing in this situation? Under what circumstances can we proceed with towing a vehicle from a visitor parking space? Do we need a magistrate’s order to legally tow the car?
Answer: The new legislation allows the body corporate to bypass the by-law enforcement process and exercise any rights to tow that may exist.
Previously, the position was that for any by-law enforcement issues (such as lot owners or occupiers parking in visitor car parks), the only enforcement remedy was for the body corporate to carry out the prescribed by-law enforcement process, which was sending a contravention notice and then making a dispute resolution application.
The new legislation allows the body corporate to bypass those steps and exercise any rights to tow that may exist.
Importantly, this still requires compliance with any towing laws (such as having an appropriate agreement in place with a towing contractor).
If the body corporate does not take action to tow, a lot owner or occupier can still raise a complaint with by-law breaches by issuing a form 1 on the body corporate.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
This post appears in August 2025 edition of The QLD Strata Magazine.
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