A person who is not a resident or visitor is parking in our designated visitor parking space. The only visible sign states that it’s visitor parking. What is the best way to remove illegal parking? – Andrew, QLD
Answer: Dealing with unknown cars on your property, that definitely does not belong to an owner, occupant or visitor is tricky, and is a contested issue in Queensland. Even if your by-laws state that the body corporate can tow the unknown vehicle, it may not be valid. As an initial step, you could try seeing if the owner of the car is at any nearby shops or locations and ask them to move their car.
In a more formal sense, you can make an adjudication application (a formal dispute resolution process) to have the issue addressed and the vehicle towed once you have tried to resolve the issue via ‘self-resolution’. Self-resolution involves
• Communicating with the owner of the vehicle (preferably in writing)
• Presenting a motion to the committee
• Presenting a motion to a general meeting.
The adjudication process, or a magistrate, can authorise the body corporate to have the car towed. It is also important to remember that the body corporate can be found liable for the damage to the vehicle during the towing process. Because towing and wrongful parking on private or common property is a complex process, we recommend seeking legal advice should your body corporate not be able to resolve the process. To read more, visit https://www.qld.gov.au/transport/safety/rules/road/parking.