The Law Handbook 2024

608 Section 6: Houses, communities and the road and the owner may be jointly liable for satisfying VCAT orders for compensation, rectifying losses or paying a civil penalty. Other owners corporation matters Illegal parking The impact of trespass to land and driveway obstruction by a motor vehicle may range from temporary nuisance tomajor disruption, and self-help mechanisms such as the attachment of wheel clamps, obstructing or otherwise detaining an offending vehicle or demanding payment for the release of that vehicle is an offence under the Road Safety Act 1986 (Vic) (‘ RS Act ’). The model rules also prohibit obstruction of common property. Police, council officers and the owners corporation will not be involved with illegal parking on private land unless the offending vehicle is blocking a driveway and obstructing traffic. The local council can remove an abandoned vehicle on private land. Parking in the private car space of another person presents difficulties. VicRoads will not provide the name of the registered owner on grounds of privacy. Though an owner or occupier may remove a trespassing vehicle from their property to a place within a reasonable distance from the subject land, such person(s) are liable for any damage to the vehicle or the possibility of charges for theft or interference with a vehicle under section 70 of the RS Act. Other options include the installation of lockable metal barriers if the problem is frequent, or a notice placed on the vehicle that threatens legal action. Do not lift the windscreen wiper for fear of a claim of interference. Alternatively, commence proceedings in the Magistrates’ Court of Victoria. In such event, photographic evidence of the trespass and/or a witness is advised. Before entering into a parking area agreement with the local council, an owners corporation should consider any costs, and the reliability of the council to efficiently enforce parking restrictions. This option is not available in certain controlled situations (e.g. underground parking). Abandoned goods on common property An owners corporation may dispose of goods abandoned on the common property under specified sections of the ACL&FTA. Abandoned goods may be found in storage cup­ boards, carports, fire cupboards and exposed areas. The issue for the owners corporation is to locate the owner of the goods, deal with valuable items and remove items that have no value. The owners corporation is not responsible for goods left on private property. All reasonable steps should be taken to identify the owner of the goods. Investigative steps include contacting police to determine if a vehicle is stolen or searching the Personal Property Securities Register on the ASIC website (www.asic.gov.au) to ascertain if there is a security interest on identifiable property. If the goods belong to a lot owner, a notice specifying a removal period should be provided. An application to VCAT may be made for orders to deal with valuable goods including the destruction, sale and remittance of funds to the State Revenue Office under unclaimed revenue legislation. All goods should be photographed. Dispose of goods that have no value. Advertise goods of value by placing a notice in a clear waterproof sleeve in a prominent location advising that the goods will be removed if not claimed within 14 days. Thereafter, store items in a protected location until VCAT determines the application. Adverse possession of common property Under the OC Act, common property affected by an owners corporation is not subject to adverse possession (i.e. a claim of ownership) by another lot owner, irrespective of the period of possession (s 7C Limitation of Actions Act 1958 (Vic)). However, a neighbour who is not an owner in the plan of subdivision may make a claim. Water meters Approval for the installation of individual water meters is obtained by a majority vote of the owners corporation committee. Where a complex is served by one meter, the water authority often apportions