VIC Can my body corporate legally tow my car?

[tchick]

Is it legal for my body corporate to tow cars on common property? We have a visitor's car park on common property in our strata and the OC have just installed signs that say "TOW AWAY ZONE: VISITOR PARKING ONLY, STRICTLY NO RESIDENTS ARE TO PARK IN VISITOR PARKING. MAXIMUM OF 72 HOURS PARKING. All unauthorised vehicles will be towed away at vehicle owner's expense and risk. Tow away fee: cars, bikes & trailers from $40 plus $35 a day storage. Trucks from $880 plus $70 a day storage."I have a (actually many) questions.
1. There is nothing in our by-laws that says anything about a 72 hour limit in the visitor's car park. Is the body corporate legally allowed to enforce this rule? Wouldn't we need a special resolution to have this 72 hour limit included in our by-laws?

2. The body corporate have issued a statement that residents can apply for a permit from the building manager if they wish to leave their own cars, trailers, caravans etc there for longer than 72 hours. Is this legal? surely if residents are not allowed park in visitors areas then we would need a special resolution to allow residents to park there - not just the whim of the building manager?

3. Even if we do have a special resolution to include a 72 hour limit, doesn't the body corporate still have to follow procedures to have cars towed? Where they serve a complaint = go through dispute resolution and then apply to VCAT to have a car towed?

4. Even if this all happens - Is it legal to charge that much money.

5. the sign states "Parking without approval is unlawful" Is it though? which law am I breaking?

 

[Tim W]

1. Have a read of this (no, it's not my firm)
   Check it for currency with Consumer Affairs Victoria and/or VicRoads.
   
   
2. What's wrong with your own space/ garage that you cannot park in it?
   
   
3. If it so happens that you're subletting your space and parking your own car in a visitor space,
   (yes, people actually to this!), then it might be you who is acting unlawfully.
   
   
4. Invest in a wheel clamp.
   
   
5. A couple of other questions....
   1. Who counts the 72 hours?
      Does Karen sit at her window with a stopwatch or something?
      
      
   2. What happens when nobody does anything until, for example,
      after hour 74?
      
      
   3. I'm not sure how the tow could validly be "at owner's expense"
      when the car's owner is not a customer of the towie.
      
      
6. Check the by-laws closely - there may be a bit in that about rule making on the fly.

 

[tchick]

1. Have a read of this (no, it's not my firm)
   Check it for currency with Consumer Affairs Victoria and/or VicRoads.

That's from Queensland unfortunately

2. What's wrong with your own space/ garage that you cannot park in it?

To be clear, i have no dog in the fight. I'm just curious. A number of residents have a third car. (Some large apartments with up to 4 bedrooms and families with grown children etc.) My question is more around the legality of the Body Corporate towing residents's cars because they made a rule up. Not even a by-law. JUst a made up rule. And it's official. because there's a sign.

6. Check the bylaws closely. -
This is the bit that baffles me. There is nothing in the by-laws that state anything about a 72 hour time limit. They've literally just made it up.