Wednesday, May 25, 2022

Strata Schemes Management Regulation 2016

Part 4
Clause 34

Removal of motor vehicles: section 125 of Act | Clause 34

(1)  This clause applies to a motor vehicle left on common property that is placed so that it blocks an exit or entrance or otherwise obstructs the use of common property.

(2)  The owners corporation may take action under this clause if the owners corporation has placed a removal notice on or near the motor vehicle and the requirements of the notice are not complied with within the period specified in the removal notice.

(3)  A removal notice must—

(a)  not be less than the size of an A4 piece of paper, and

(b)  be placed in a position or be in a material so that the contents of the notice are not likely to be detrimentally affected by weather, and

(c)  describe the motor vehicle and state the date and time the notice was issued, and

(d)  state that the motor vehicle will be removed if it is not moved from the common property or so that it no longer obstructs common property before the date and time specified in the notice (being not earlier than 5 days after the notice was placed on or near the motor vehicle), and

(e)  specify contact details for a member of the strata committee, the strata managing agent or a delegate of the owners corporation in relation to the notice.

(4)  The owners corporation may cause a motor vehicle to be moved to another place on common property or to the nearest place to which it may be lawfully moved, or moved so that it no longer blocks an exit or entrance or otherwise obstructs the use of common property, and for that purpose the owners corporation is taken to be the owner of the motor vehicle.

(5)  The Tribunal may, on application by the owners corporation, order that the owner of a motor vehicle moved to another place under this clause, pay to the owners corporation the reasonable costs incurred by the owners corporation in moving the motor vehicle.

(6)  In this clause—

motor vehicle has the same meaning as in the Impounding Act 1993.

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Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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