Removal of abandoned/uncollected goods and vehicles that are illegally parked on strata land
One of the problems with strata is that there is sometimes just “stuff” lying around in all the wrong places. For example, abandoned goods scattered across the scheme (especially when someone moved out) or even cars and trucks just parked everywhere out of convenience or they have been abandoned.
On and from 1 July 2020, abandoned and uncollected goods are no longer governed by strata legislation. The old section 125 of the Strata Management Scheme Act 2015 (NSW) and regulation 34 of the Strata Schemes Management Regulation 2016 (NSW) are now repealed with the issues now dealt with under the Uncollected Goods Act 1995 (NSW). NSW Fair Trading has some great information on this topic which can be accessed by clicking here. So, you would need to stop following the old processes about the sticking of disposal notices on items/cars and remove them when obstructing access (like driveways). And accordingly, most parking by-laws should be updated as they would be referring to the old car towing provisions, albeit the wheel clamping provisions under the Local Government Act 1993 (NSW) still remain.
The Uncollected Goods Act 1995 (NSW) broadly has 6 categories (which include goods and vehicles):
- Perishable goods and rubbish
- Low Value
- Medium Value
- High Value
- Personal Documents
- Motor Vehicles (Yes, the owners corporation can move vehicles that it reasonably believes have been abandoned or “left behind” on common property)
There are also a range of practical solutions to deal with these problems including the making of a by-law. Please let us know if we can assist!
Please contact our Property/Strata law team at Matthews Folbigg Lawyers on 9635 7966 if you would like advice or assistance.
DISCLAIMER: This article is provided to readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as a definitive or complete statement of the relevant law. Liability limited by a scheme approved under Professional Standards Legislation.