For owners, Committees and body corporate managers – the Unholy Trinity – PETS, PARKING AND PARTIES represent the three consistent headaches which come with owning within a strata scheme.
As long-suffering Committee members would know – repeated attempts by bodies corporate to manage their visitor parking through letters, by-law breaches, conciliation conferences and litigation with recalcitrant occupiers often amounts to nought when the offender simply moves their vehicle for a week before parking it back into the visitor parking spot.
For those Committees prepared to spend owner funds on obtaining an Adjudicator’s order – the fight often does not stop there, as such orders are not “self-executing” meaning that a second trip and additional cost – this time in the Magistrates Court – is needed to enforce the Adjudicator’s order, before a Committee may be lucky enough to be granted the right to tow a vehicle from their common property.
That said – the Queensland government recently flagged a change to the law to allow bodies corporate to tow vehicles which are causing a hazard or preventing access to other occupiers which is great news.
What it means………
Whilst the exact wording of the legislation is yet to be drafted, circulated for community consultation, amended and ultimately voted on by the Government – ideally changes to the law have the potential to allow:
- Expanded powers to Adjudicators to issue a towing order as opposed to sending the application to the Magistrates Court for enforcement; and
- A decrease in the level and intensity of litigation required to be undertaken by the Committee to get to a towing order; and
- A decrease in the cost of litigation required to be undertaken by the Committee to get to a towing order; and
- Recalcitrant occupiers becoming more aware that the jig is up; and
We certainly look forward to providing owners a more conclusive update in the coming months, once we have seen the draft legislation of course.
Stay tuned for further updates as they arise.