The Owners Units Plan 638 v Carroll (Civil Dispute)

The Owners Units Plan 638 filed a case against Mr. Carroll in the Civil Dispute Tribunal. The dispute arose from an alleged breach of the body corporate’s rules by the respondent, Mr. Carroll, in relation to a car parked on his property. The Tribunal was tasked with determining the validity of the charges levied against Mr. Carroll for the unauthorised parking of a car on his unit's premises and whether he was liable for the costs incurred by the body corporate in towing and storing the vehicle.

The primary legal issues the Tribunal had to address were whether the body corporate had the authority to charge Mr. Carroll for the towing and storage of the car, and if these charges were reasonable and proportionate to the services provided. Additionally, the Tribunal needed to consider whether Mr. Carroll had breached the body corporate rules by parking a car on his unit’s premises without permission.

In delivering its decision, the Tribunal examined the body corporate rules and determined that they did provide for the towing and storage of unauthorised vehicles. The Tribunal found that the charges levied by the body corporate were reasonable and proportionate to the services provided. It also found that Mr. Carroll had indeed breached the rules by parking a car on his property without permission. Consequently, the Tribunal upheld the charges against Mr. Carroll and ordered him to pay the specified amount within 28 days.