{"id":442,"date":"2018-02-08T10:41:09","date_gmt":"2018-02-08T00:41:09","guid":{"rendered":"http:\/\/dev2.e-cbd.com\/abkj\/articles\/?p=442"},"modified":"2025-06-09T10:07:29","modified_gmt":"2025-06-09T00:07:29","slug":"to-tow-or-not-to-tow","status":"publish","type":"post","link":"https:\/\/www.abkj.com.au\/articles\/to-tow-or-not-to-tow\/","title":{"rendered":"To Tow or Not To Tow"},"content":{"rendered":"

I am frequently asked to provide simple guidelines for a body corporate to safely tow a vehicle from common property. Unfortunately, from the body corporate\u2019s perspective, no such guidelines exist. In essence, each situation needs to be assessed on its own unique merits.<\/p>\n

The relevant considerations will depend upon who is operating the vehicle and the circumstances in which it is parked.<\/p>\n

A vehicle owned by someone unrelated to the scheme parked on a common property<\/h3>\n

A body corporate<\/a> will usually have a right to tow such a vehicle. It is a right arising from the common law (i.e. not the body corporate legislation) akin to an action for trespass or nuisance.<\/p>\n

The body corporate also needs to be absolutely sure that the vehicle in question does, in fact, belong to a trespasser and not an owner or occupier of the scheme.<\/p>\n

In towing such vehicles, the body corporate still needs to act reasonably in relation to the decision to tow and the costs incurred. As a minimum, the body corporate should ensure that:<\/p>\n