Can a Body Corporate Tow a Car Victoria?
The short answer to this question is yes, a body corporate can tow a car in Victoria. However, there are a number of conditions that must be met before this can happen.
Conditions for Towing a Car
Under the Owners Corporations Act 2006, a body corporate can only tow a car if:
- The car is parked in a common area without the body corporate’s permission.
- The car is parked in a common area in a way that is dangerous or obstructive.
- The car is abandoned or has been left unattended for a long period of time.
Procedure for Towing a Car
If a body corporate wants to tow a car, it must follow a specific procedure:
- The body corporate must first issue a notice to the owner of the car, informing them that the car is parked illegally and that it will be towed if it is not moved within a certain period of time.
- If the owner does not move the car within the specified period of time, the body corporate can then arrange for the car to be towed.
- The body corporate must keep a record of all the steps it has taken to tow the car, including the date and time the notice was issued, the date and time the car was towed, and the name of the towing company.
Fees and Costs
The body corporate is responsible for paying the cost of towing the car. The body corporate can then recover these costs from the owner of the car.
Appealing a Towing Decision
If a car owner believes that their car was towed illegally, they can appeal the decision to the Victorian Civil and Administrative Tribunal (VCAT). VCAT will then make a decision on whether or not the car was towed legally.
Additional Information
In addition to the information provided above, here are some additional things to keep in mind:
- Body corporates can only tow cars from common areas. They cannot tow cars from private property.
- Body corporates must have a valid towing contract in place before they can tow a car.
- Body corporates must follow the correct procedure when towing a car. If they do not, the car owner may be able to sue the body corporate for damages.
Conclusion
Body corporates in Victoria have the power to tow cars that are parked illegally in common areas. However, they must follow a specific procedure and meet certain conditions before they can do so.
