Q&A - Uninsured Vehicle on Strata Property

Q&A ImageWe had our Strata AGM last night (self-managed) and it was brought to our attention that there is an uninsured car parked in our underground parking. Could you please let me know the laws around this and advise on how to handle?

Comments

Answer

It would depend if this vehicle belongs to a member of the strata or not.

If not, then it may be removed under the authority of the Motor Vehicle Act:

Parking on private property

192  (1) If a motor vehicle or trailer is left without the occupier's consent on private property in a municipality or treaty lands or for a period exceeding 72 hours on private property not in a municipality or treaty lands, the owner of the motor vehicle or trailer is deemed to have authorized and empowered the occupier to be the owner's agent for the purpose of towing it to a place of storage and of storing it.

(2) The agent has a lien against the motor vehicle or trailer for all reasonable advances made or charges incurred in connection with the towing and storing of it in the course of the agency.

(3) The procedure respecting enforcement of the lien must be governed by the Warehouse Lien Act.

If it belongs to a member of the strata, then it would be much the same as a car parked in the driveway of a private home. I can park my uninsured vehicle in my driveway for as long as I please. The exception to this would be if the strata bylaws specify something different, in which case the owner and member of the strata would be bound by the bylaw.

In either case, unless it is a requirement of the bylaw, it doesn't matter if the vehicle is insured or not, it is on private property and insurance is not normally required to be there.

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