We sympathise with StrataGuru Struggler (reported by Jimmy Thomson in his article “Picture this – rogue parkers in the frame” in Domain in the Sydney Morning Herald on 29 January 2013) and the desperate measures that have to be undertaken by frustrated owners faced with cars parked on common property in breach of the by-laws. In our experience, some of those illegal parkers are in fact owners or occupiers in the strata or community scheme itself; but we have seen a number of instances where the illegal parkers have no relationship to the strata or community scheme at all. What generally attracts these people is the proximity of the strata or community scheme to a transport hub, be it train or bus, or the local shopping strip, restaurant, café or pub.
We have long advocated that owners corporations must be empowered to remove or wheel-clamp illegally parked cars. To achieve this requires a very simple amendment to either the Local Government Act 1993 or the Strata Schemes Management Act 1996 (and its counterpart Community Land Management Act 1989) to exempt strata and community schemes from the prohibitions against wheel-clamping and towing of illegally parked vehicles.