Currently, there is no capacity under the BCCM Act for a Body Corporate to issue fines for people who violate by-laws.
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Can a body corporate tow a car? Enforcement of by-laws is a committee issue. There is no scope under the BCCM Act for anyone to solve an issue on their own terms.
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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.
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The term ‘visitor’ is not defined in the Body Corporate and Community Management Act, so the industry has had to rely on dictionary definitions, adjudications from the Office of the BCCM and occasionally on plain common sense.
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