Can a body corporate tow a vehicle from a parking space?

In Queensland, a body corporate can tow a vehicle from common property only in limited circumstances.

Generally, parked vehicles fall into three categories:

• Owners or occupiers:  Bodies corporate no longer have to comply with the by-law contravention process before towing;
• Guests or invitees; and
• Unconnected third parties.

In all cases, the body corporate must act ‘reasonably’, have a valid parking by-law (in respect of owners and occupiers) and legally compliant warning signage that drivers risk being towed. A clearly stated parking by-law will give a body corporate strong grounds for whatever action it follows.

The body corporate need not include a by-law that specifically provides for towing. By-laws that regulate the use of common property (including the use of visitor carparking) are sufficient for the body corporate to take steps to enforce. 

Can a body corporate issue parking fines to people who misuse visitor parking spaces?

Currently, there is no capacity under the BCCM Act for a body corporate to issue fines for by-law violations. This includes people parking in spaces to which they are not entitled. While reforms have been proposed to allow adjudicators or bodies corporate to issue fines, these changes have not yet been adopted.

Further reading

• Are your by-laws legally valid and enforceable?
• Who can use the visitor parking spaces in a unit complex?
• New laws: reason must prevail when towing cars
• Visitor Parking in Strata – Who is a visitor?
• What are body corporate by-laws?
• Are by-laws legally enforceable?
• How does a body corporate enforce a by-law?
• What can be included in a valid by-law?