Discovering an abandoned vehicle in your strata parking spot can be frustrating, but knowing your rights and the proper procedures can help resolve the situation effectively. In this article, we'll explore the steps you can take to deal with an abandoned vehicle in your strata complex, ensuring a smooth process and a clutter-free environment for all residents.
Understanding Your Rights
Abandoned vehicles on common property in strata schemes are governed by the Uncollected Goods Act 1995. This act allows the owners corporation or individuals to dispose of abandoned vehicles, provided they comply with the procedures outlined in the Act. It's essential to understand your rights under this legislation to ensure proper compliance and resolution of the issue.
Complying with the Act
To comply with the Uncollected Goods Act, it's crucial to keep appropriate records of the sale or disposal of abandoned goods. Documentation for low-value items should be retained for at least 12 months, while records for higher-value items must be kept for at least 12 years. Additionally, it's essential to note that goods cannot be confiscated solely due to the owner's outstanding debts, such as unpaid levies.
Steps to Remove Abandoned Vehicles in Strata
Obtain Certificate from Commissioner of Police: Apply for a certificate stating the vehicle is not recorded as stolen at least 28 days before moving or selling it. Provide vehicle details such as make, model, color, and registration number.
Obtain Written Search Result: Obtain a written search result from the Personal Property Securities Register confirming the vehicle is not stolen.
Provide Notice of Disposal: Issue a notice regarding disposal, specifying the notice period based on the vehicle's value. For vehicles worth less than $1,000, a verbal or written notice with a 14-day period is sufficient.
Dispose of the Vehicle: If the vehicle remains unclaimed after the notice period, dispose of it appropriately. For vehicles valued between $1,000 and $20,000, conduct a public auction or private sale. For vehicles worth over $20,000, obtain an order from the NSW Civil and Administrative Tribunal, which will determine the notice type, period, and disposal method.
Transfer Funds: Ensure any funds collected from the vehicle's sale are given to the Chief Commissioner of Revenue in New South Wales if they cannot be given to the owner.
Dealing with an abandoned vehicle in your strata complex can be a challenging task, but by understanding your rights and following the proper procedures, you can effectively resolve the issue. If you require assistance or guidance throughout the process, don't hesitate to contact Compass Strata for expert support and advice tailored to your strata management needs.
