This article outlines steps a Qld body corporate can take regarding abandoned goods, like old bicycles left at a strata scheme.
Table of Contents:
- QUESTION: When an occupier repeatedly leaves items on common property in violation of a by-law, disregards committee requests, and claims theft after removal, what process can the committee legally follow to enforce the by-law?
- QUESTION: How does a Qld body corporate committee we deal with abandoned goods like bikes that have been left by past residents?
Question: When an occupier repeatedly leaves items on common property in violation of a by-law, disregards committee requests, and claims theft after removal, what process can the committee legally follow to enforce the by-law?
We have a by-law stating occupiers must not leave items on common property. What is the process for committees to follow when occupiers place items on common property and disregard the committee and by-laws?
At a common property maintenance inspection, the committee found buckets and bowls in the atrium garden area. Not knowing who owned them, we removed the items. An occupant emailed the committee stating that their buckets and bowls had been stolen from the common area garden and must be returned, or they would lodge a police report. The committee returned the items, and the occupier was asked not to leave items on common property. They immediately put the items in the garden bed. The committee again removed them. The occupier advised that our by-laws do not give body corporate members the power to take the occupier’s property, nor do they “deem any transfer of title.” What can we do next?
Answer: In the absence of a clear direction, most body corporates will fall back on the standards of reasonability.
There is no defined process under the Act for how a body corporate should manage personal items left on common property. In the absence of a clear direction, most body corporates will fall back on the standards of reasonability.
Usually, that means starting with a letter to occupants, or a specific occupant, about the issue. Ask them to remove the items, state the reason why and provide a date by which they must remove them. Advise what the body corporate will do if the items aren’t removed.
If the items are removed by the deadline, consider the issue closed and move on. If not, in the first instance, move the items to a suitable spot for safe keeping and advise the occupants where and how to reclaim them.
After having their contents removed, most people will get the message, and the issue will die down, although you may need to repeat the process periodically to keep reinforcing the rules.
If owners get their items back and return them to the common property, you could rerun the exercise, or you could escalate. Perhaps the body corporate could set strict standards for the return of belongings, requiring owners to identify the items as their own or explain why they were left on the common property. If occupants are a headache to owners, be a headache back to them.
If the problem keeps recurring, you could escalate to the point where you dispose of the items. Again, you should provide notice of the intent to do this in advance.
The exact path you follow may depend on the cost of the items and the people you are dealing with. In this case, the cost appears to be minimal – just some buckets and bowls – so if you remove them and the owner keeps returning them, there doesn’t seem to be much risk in disposing of the items if you have to. If the items were more expensive, you may have to weigh up the risk of any claim against the body corporate for compensation.
The above processes notwithstanding, in this case, you may also want to think about why the owner is leaving the items there and what degree of trouble it is causing. Do they think the land belongs to them, or because it is common property, anyone should be able to attend it? Are they gardening the area because no one else is? Would it be OK if they continued to garden the area if they tidied up a bit better? We don’t know the circumstances, but if possible, try to have a conversation with the person in question and be flexible in the approach to resolution.
Lastly, for readers who want a more legal description of how to manage abandoned goods, Legal Aid Queensland has a good website to refer to, although it seems the law is sufficiently vague as to leave most people needing to make judgement calls over how to manage these issues: Legal Aid QLD: Abandoned goods
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924
This post appears in Strata News #746.
Question: How does a Qld body corporate committee we deal with abandoned goods like bikes that have been left by past residents?
Our complex has a large numbers of rented lots, and tenancies change regularly. We have a number of bicycles racks, and the executive committee believe some of the bikes are abandoned, left by vacated residents. What is the Queensland law for unclaimed property? Can the committee tag them for removal if they have not been claimed by a certain date? If not claimed, do we take the bikes to the Police Station?
Answer: There is no specific process prescribed under the Act for dealing with unclaimed items.
It is not uncommon for residential strata complexes with high rental turnover to face issues with abandoned property, such as bicycles.
This issue must be handled in accordance with the Body Corporate and Community Management Act 1997 (Qld) (“the Act”) and your by-laws.
Abandoned Goods: Bicycles
Where bicycles are suspected to have been abandoned, the committee should proceed cautiously. While there is no specific process prescribed under the Act for dealing with unclaimed items, the committee may want to consider taking the following reasonable steps:
- Tag and Notify: Attach a dated notice to each bicycle advising that it appears to be abandoned and will be removed if not claimed within a specific timeframe (e.g., 28 days). Include contact details for owners or tenants to get in touch.
- Give Notice to Residents: Distribute a general notice to all owners and residents, advising all of the process, including the deadline for claiming items.
- Unclaimed Property: If, after the notice period, bicycles remain unclaimed, the body corporate may consider delivering them to the local police station as unclaimed property or disposing of them in a reasonable manner. Some bodies corporate will donate these to charity.
- Tag and Register Annually: Residents could be asked to completed a proforma bike registration form and receive a new coloured tag each year. This way the body corporate could establish which bikes may be abandoned and then focus on those bikes only.
It is important to document all steps taken to show the committee has acted fairly and transparently.
If unsure, committees are encouraged to seek qualified strata law advice or consult with the Office of the Commissioner for Body Corporate and Community Management.
Karen Thompson Vision Strata E: contact@visionstrata.com.au P: 07 5630 6546
This post appears in the May 2025 edition of The QLD Strata Magazine.
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