Abandoned Vehicles on Common Property
What are your rights?
Abandoned vehicles on common property in strata schemes are governed by the Uncollected Goods Act 1995 (“Act”).
A person/owners corporation may dispose of the abandoned vehicle or goods, providing that they comply with the procedures set out in the Act. This includes disposing of abandoned goods in accordance with an order made by the NSW Civil and Administrative Tribunal (NCAT), which has the power to order the disposal and management of the goods.
Under the Act, uncollected goods in strata schemes refer to goods whereby an owners corporation reasonably believes the goods have been abandoned or left behind on common property.
How to comply with the Act?
To ensure compliance with Act, the owners corporation/person should keep appropriate records of the sale or disposal of the abandoned goods:
- Low-value items documentation must be kept for at least 12 months; and
- Higher value items plus their records must be kept for at least 12 years
It is important to note that the owners corporation cannot confiscate and refuse to return the goods because the owner owes money for other debts, such as rent or levies. However, the strata committee may request that additional expenses for removing, storing, maintaining or insuring the goods are covered by the owner.
If you have any questions or concerns about this article, or require assistance with understanding your strata rights, please do not hesitate to contact Marcus Carbone or Bailey Neate from Southern Waters Legal on 9523 5535. We are here to assist you with all your strata enquiries.
Disclaimer: The information contained in this article is provided as general information only. It is not intended to be legal advice and it should not be used or relied on as legal or professional advice.