Body Corporate FAQs
Can a body corporate tow a vehicle from a parking space?
Please note that this information was correct prior to October 2023. The Queensland Government has proposed reforms to strata legislation that, when passed, will affect these rules. Read more about the proposed changes here, and sign up to our mailing list for the most up-to-date information as these laws are released.
The Queensland Government is currently reviewing the process by which a vehicle can be towed from a scheme and has flagged that bodies corporate will be able to tow vehicles which prevent access or cause a hazard. Currently, by-law enforcement takes longer than is effective for dealing with these types of breaches. A more immediate ‘self-help’ remedy may be around the corner.
But in the meantime, there are procedures set out in the BCCM Act that a Body Corporate must follow before towing a vehicle from a scheme.
A vehicle parked on common property will fall into one of three categories:
- An owner or occupier
- A guest or invitee of an owner or occupier
- A third party with no connection to the scheme
In the case of (a), an adjudication from the BCCM is required to tow the vehicle. Depending on circumstances and people’s responses, there are cases where that has taken up to two years to resolve. (See the article in Further Readings below).
In the case of (b), a visitor can park in a designated visitor space. Adjudicators tend not to support time limits on how long people can stay in a visitor car space.
In the case of (c), a body corporate may be able to tow it, depending on what signage has been displayed. In effect, it is a form of trespass. Bodies corporate need to be very careful in identifying that the person has no connection with the scheme though.
Parking By-Law Importance
Whatever the situation, there will be a process to follow. A valid and clearly stated parking by-law will help give a Body Corporate strong grounds for the action it follows.
There are no quick fixes to visitor parking: https://blog.hyneslegal.com.au/there-are-no-quick-fixes-for-visitor-parking-issues