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Topic
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Can the Owners’ Corp be prosecuted for placing stick-on notices to the driver’s side window of vehicles that are illegally parked in the visitor parking spaces?
Our complex is close to the city CBD and University and some locals now realise they can park in the visitor parking spaces. They wait until a vehicle enters or leaves and they then enter the garage and park for the day.
We monitor the CCTV and anyone who is obviously abusing the car spaces has a notice placed on their vehicle. Are we willfully damaging property by placing these notices on the windows?
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I don’t believe the Body Corp can be prosecuted for leaving a notice. I have been told ( I don’t know if it’s correct) that if a Body Corp gets a car towed from its premises, the Body Corp, if the car owner knows his legal rights, will have to pay the towing fees.
prt1000 – I assume you’re in Sydney CBD, and you’ll find your answer HERE.
Re towing – it’s a long story, but in NSW, if the Owners Corporation (O/C) has a Special By-Law in place that provides for the towing of illegally parked vehicles, then it’s accepted that Owners (as members of the O/C) have implied acceptance and knowledge of that, and consequently their vehicles can be towed.
Sadly, tenants and outsiders don’t have that implied acceptance and knowledge of that Special By-Law (or of any other), and so their vehicles cannot be legally towed.
Don’t know what applies in the sunshine state; you there KWP?
Can the EC apply sticky “no parking’ stickers to vehicle windows of residents who repeatedly (despite issuance of notices to comply)park in Visitor Parking spaces?
If they have been issued with Notices to Comply, the next step is to go to the CTTT and fine them. If your EC isn’t prepared to do that, no amount of stickers is going to make any difference.
I will be dealing with the sticker issue in the next Flat Chat column so keep your eyes peeled.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
If the sticker can’t be easily removed, there might be issues of “malicious damage” being caused to the vehicle.
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