Got something to say? 
Question:
An owner in my complex has three cars. One is parked in his parking bay and the other two in visitors' bays. One of the cars parked in a visitor?s bay is not mobile.
Do the trustees have the authority to remove this car?
Answer:
According to municipal regulations, a certain number of visitors? parking bays must be available for visitors to each sectional title scheme. Parking an immobile vehicle in a visitor?s bay is an effective breach of the municipal regulations.
Prescribed conduct rule 3(2) allows the trustees to remove or tow away a vehicle that is parked without their consent or has been abandoned on the common property, at the risk and expense of the owner of the vehicle. Based on this rule, the trustees may consider employing the services of a towing company that has a secure storage facility to remove the vehicle.
However, implementing this rule is not always simple as the trustees would most likely have to pay the towing company upfront and then attempt to recover this expense from the owner concerned. There is also the possibility that the vehicle may not be claimed.
I would suggest that before the trustees consider having this vehicle removed or towed they speak to the owner of the vehicle and inform him that he is breaching the scheme?s rules as well as the municipal regulations. If that does not produce results then the next step would be a letter demanding that the car is removed failing which the trustees can arrange for it to be towed.
Links to all Jennifer's previous Q&As on page two...
Click here to ask Jennifer a question regarding sectional title property.
Most waste a fifth of their income without realising it. Plug the hole; give yourself a raise.
From August, Financial Fitness and Property will be incorporated into Business. Learn more…
House prices will keep declining for many years to come, according to Rode & Associates...
