Abandoned CARS in Apartment visitors car park

Discussion in 'Property Management' started by clicli, 25th Feb, 2016.

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  1. BigKahuna

    BigKahuna Well-Known Member

    Joined:
    24th Nov, 2015
    Posts:
    582
    Location:
    Sydney
    I think we're going around in circles here. I thought I was pretty clear: we are talking about abandoned vehicles. You take all reasonable steps to contact the owner. The body corporate puts a sticker up telling everyone at the complex that if the vehicle is not removed by the said date, the body corporate will remove it. If it's a bomb, body corporate arranges for it to be taken away by a tower, who then sells it for scrap metal. Our body corporate uses someone who does not charge for that.

    If the car has value, it has to be dealt with according to the abandoned goods legislation in whichever state you're in.

    I had a vehicle left on my property. Managing agent spent three days talking to police after it wasn't removed even with body corp notice. Most towing companies wouldn't touch the vehicle in case it was stolen, even after police had told us it had not been reported stolen. There are now strict laws on what has to be done with that vehicle.

    What people are saying above is right: if you find an abandoned vehicle that's not worth anything on your private property, move it on to the street and let the council deal with it.

    Some do.

    Sometimes it is impossible to establish ownership. This issue crops up precisely because we can't establish ownership.

    Can you please point to where someone said that it does?
     
  2. Russ

    Russ Well-Known Member

    Joined:
    22nd Oct, 2015
    Posts:
    75
    Location:
    Sydney
    Chilliblue is right and the strata scheme bears any costs that arise - if the vehicle is dumped on Common Property. If the vehicle is dumped within an owner's Lot (private space) it is not a Strata matter AT ALL.

    You show me a cowboy towing operator that works like that Abandoned Car Pickup (operating in Western Australia under different legislation) in NSW and I'll show you 75,000 strata schemes that want to become their client.

    How can a tow-truck operator that scraps a vehicle they take, without consent of the owner, possibly comply with the Local Government Act 1993 (NSW)?

    651C
    Unlawful detention of vehicles
    (1) A person who takes possession of a vehicle that has been left on premises must not:(a) fail to release the vehicle on demand to any person having a lawful right to the possession or control of the vehicle, or(b) demand any payment for or in relation to the release of the vehicle.

    NSW Legislation
     
    Last edited: 27th Feb, 2016
    Chilliblue likes this.