Abandoned vehicles on common property
What to do if a car is left within the common property of the scheme which no one claims
Summary
Vehicles left parked for days within the common property of strata schemes is a perennial problem for unsecured schemes (open access with no vehicle gate). Most commonly, vehicles are left in visitor bays but sometimes they may be left in the common driveway.
If you suspect a vehicle may have been abandoned you can do the following:
- Put a note on the vehicle requesting the vehicle be removed
- Put a notice out to the owners/residents in the scheme to ask for any info concerning the vehicle (including a picture, showing the registration number)
- If your scheme has a Facebook community page - post a message there
- Check with the police on 131 444 to see if the vehicle is of interest to them. (It may have been stolen and dumped)
- If all of the above suggestions have been tried, then you may want to look at other legal avenues such as the DOUGA
Note
The Strata Company may only become involved if the vehicle is parked on Common Property.
Any car or vehicle in an "exclusive use" or a "part lot" car bay (noted on a strata plan as PT followed by lot number e.g. PT43), will not be a strata matter. It will be up to the lot owner to resolve.
What can we do?
Where all other avenues have come to nothing, there is a legal process called the DOUGA (Disposal of uncollected goods act 1970). This process has 4 steps and is usually handled by a lawyer so there are legal costs to consider. Your Strata Manager will assist with this process.
- Notification (and wait... for 1 month)
- Applying for a Court Order
- Sale or disposal in accordance with the Court Order
- Reporting requirements (within 7 days of the sale), complete the form 14 & pay any surplus funds to the State Treasury - if there are any... after all costs associated with the process are taken into account.