As of December 14th 2020, wheel calming rules in Western Australia have changed.
- Wheel clamping to control private parking has been banned in Western Australia
- Wheel clamping as a private parking enforcement measure to become a $5,000 offence
- This is in line with other States where the practice has been outlawed.
- Wheel clamping refers to all means of vehicle immobilisation, including wheel boots and other devices such as Barnacles, which attach to a vehicle’s windscreen.
What does this mean for Strata?
Parking on Common Property
If you believe a vehicle has parked on common property in breach of a by-law (e.g the standard section 2 by-law regarding vehicles) you can make a complaint with the Council of the Strata Company who can issue a warning or a breach notice to the owner of the offending vehicle.
Extended parking in a visitors bay
A visitors bay is part of the common property of your building and it is safest to assume it is dedicated to temporary visitors only. If you believe someone in your complex is using the bays for any other purpose, you can make a complaint with the Council of the Strata Company who can investigate the matter further.
Someone has parked in my bay!
If you believe someone else has parked in your part lot bay (e.g your allocated car parking bay) this is deemed to be a private issue as the Strata Company has no jurisdiction over your car bay. In the first instance, if you don’t know the owner of the vehicle, you can leave a note on the car. Failing this, you can request a letter to be sent to all residents about vehicles parking in the correct parking bay.
A vehicle has been abandoned
If you believe a vehicle may have been abandoned:
- Check with the Police first on 131 444 as the vehicle may be of interest to them (e.g it was stolen)
- If the vehicle is not known to anyone in the complex and is of no interest to Police, then owners may have to apply to dispose of the vehicle via the Disposal of Uncollected Goods Act 1970. Your strata manager may be able to assist with this.
Wheel Clamping
As from 14th December 2020, the use wheel clamps as a way of managing private property parking has been banned. Wheel clamping refers to all means of vehicle immobilisation, including wheel boots and other devices such as Barnacles, which attach to a vehicle’s windscreen.
The below is a standard by-law
Schedule 2, 1. Vehicles
A proprietor, occupier, or other resident of a lot shall not park or stand any motor or other vehicle upon common property except with the written approval of the strata company.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a226.html
Please see our article on problem parking: https://knowledgebase.esmstrata.com.au/breaches/384950-problem-parking
