QLD Car being towed by body corporate

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Arsh

Member
7 February 2018
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hi everyone , i just joined the forum for this question . Hope to get help soon.

I usually park my car in the visitor car parking in my units. Currently i am overseas and my car is still parked there. Today I received a message from my housemates that i need to move my from there or the body corporate will tow it in 24 to 48 hours. They don’t have the keys except me. Car is parked there for more than 7 days. After messaging the body corporate and asking them what’s the problem with parking. They replied: - “Regarding about the Car Parking in complex, the body corporate by-law said: “Any car parking space which is a designated visitor car park must remain available at all times for the sole use of invitees of Occupiers of Lots for the intended use of casual short-term parking.”

There was no sign indicates the limitations but they gave us these body corporate rules in the beginning of the lease.

What should i do in this case ? Any help would be appreciated.

Thanks
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
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Get the car moved. Visitor car parks are on common property, which belongs to and is under the control of the body corporate. You've parked there contrary to the requirements of the by-laws - which you've acknowledged receiving a copy of.

I'm assuming you're on the standard RTA General Tenancy Agreement? If so, you're required to comply with the by-laws (standard condition 22(2)). So, in addition to the body corporate potentially removing your vehicle, you may also be in breach of your lease.