Abandoned goods and vehicles

Disposal of abandoned goods

The owners corporation can dispose of goods left on the common property, other than motor vehicles, and things permitted by the owners corporation to remain on common property, only if:

  • a disposal notice has been left on or near the goods to be disposed of
  • they are perishable goods, or
  • they consist only of rubbish.

The disposal notice

A disposal notice must be:

  • at least A4 size, and resistant to weather, and
  • placed on or near the goods before any items can be removed.

The written notice must include:

  • a description of the goods
  • the date and time the notice was issued
  • the date and time the goods will be removed from the common property if the goods are not moved or collected (this date must be at least five days after the notice was placed on or near the goods), and
  • include the contact details for a member of the strata committee, the strata managing agent or a delegate of the owners corporation in relation to the notice.

Moving the goods

If the goods are blocking an entry or exit in the common property, the owners corporation can move the goods to another area without a disposal notice on or near the goods.

Disposing of the goods

An owners corporation can dispose of goods by selling them, taking them to a charity shop or throwing them away.

If the goods are sold, the proceeds from any sale should be paid into the administrative fund and written record should kept for at least 12 months by the owners corporation.

Anyone who purchases the goods must be given a good title which makes them the rightful owner. The original owner of the goods can apply to the NSW Civil and Administrative Tribunal that the owners corporation pay them the proceeds of the sale.

Removal of motor vehicles

An owners corporation can move a vehicle that blocks an exit or entrance or otherwise prevents the use of common property. The owners corporation must meet certain notice requirements before it can move the vehicle.

The removal notice

A removal notice must be:

  • at least A4 size,
  • resistant to weather,
  • In writing
  • placed on or near the vehicle

The notice should include:

  • a description of the vehicle
  • the date and time the notice was issued
  • the date and time the vehicle will be moved from the common property if it is not moved or collected (this date must be at least five days after the notice is placed on or near the vehicle), and
  • include details of a member of the strata committee, the strata managing agent, or a nominee of the owners corporation that an owner can contact if necessary.

What can be done if the vehicle isn’t removed?

If a vehicle isn't moved by the date stated in the notice, the owners corporation can move the vehicle to another place on the common property or to the nearest place where it can legally moved.

If this is done, the owners corporation is now the owner of the vehicle and should make sure it’s not damaged in the process.

Recovering the costs of removing the vehicle

An owners corporation can apply to the Tribunal to recover the costs in moving the motor vehicle.

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