Can a Body Corporate Tow a Car From Visitor Parking in Queensland?

Visitor parking disputes are one of the most common friction points in Queensland body corporate schemes, and getting the enforcement mechanics wrong can expose the body corporate itself to liability rather than the offending resident.

Signage and by-laws come first

A body corporate cannot simply decide to restrict or tow from a visitor bay on the basis of a verbal understanding among residents. The Body Corporate and Community Management Act 1997 (Qld) allows a scheme to adopt by-laws that define what counts as a genuine visitor, set any time limits that apply, and establish the approval process for using those bays. Clear, physical signage stating the restriction is essential, both to give fair notice to anyone parking there and to support any later enforcement action.

Why unsigned enforcement is risky

Where a body corporate attempts to enforce visitor parking rules, or arranges for a vehicle to be towed, without clear signage and a supporting by-law, it risks being held liable for any resulting costs or damage. The owner of the towed vehicle can reasonably argue they had no way of knowing the restriction applied. Bodies corporate that have avoided this problem typically have straightforward signage in place alongside by-laws that clearly spell out the rules, which tends to reduce disputes rather than create them.

Time limits need to be checked against your own by-laws

It is common to hear that visitor bays can only be used for a set window, such as 4 or 12 hours, but the specific figure that applies to any scheme depends on that scheme’s own registered by-laws and community management statement, rather than a single figure that applies everywhere. Committees should confirm the exact wording of their own by-laws before relying on a general rule of thumb, and residents with a specific dispute should ask to see the relevant by-law directly.

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This page provides general legal information only, it is not personal legal advice. Everyone’s situation is different, so please seek independent legal advice for your own circumstances.

Professional Guidance

If your body corporate needs help drafting or reviewing a visitor parking by-law, or you are disputing a towing decision, contact our property and body corporate team at Bell & Senior Lawyers on (07) 5532 8777 or visit bellsenior.com.au .