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Towing of Vehicles
We are attempting to enforce the parking rules in our complex, and it clearly states that cars can be removed or towed at the owners expense. Now I hear that we have to fill out a form with the "Registrar of Companies" before we can start having cars towed. I have no idea what this is and can not find it anywhere on line or via other people. Does anyone know how this works. If cars are parked illegally can I have them towed?
Thanks,
JDG
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RE: Towing of Vehicles
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RE: RE: Towing of Vehicles
Hi, JD. Looks as if everyone has the same question, but no answers. I have never heard of this requirement - what is the source of your information?
I'd be interested to know if any trustees have ever had a vehicle towed away; and if so, where was it towed to.
RE: Towing of Vehicles
Hi again,
it clearly states in Annexure 9 – Conduct Rules (Section 35(2)(b) of the Sectional Title Act 1986) – Paragraph 3 – “Vehicles”.
1)No owner or occupier shall park or stand any vehicle upon the common property, or permit or allow any vehicle to be parked or stood upon the common property without the consent of the Trustees in writing.
2)The Trustees may cause to be removed or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked, standing or abandoned on the common property without the Trustees consent.
*Our visitors bays are common property and owners insist on parking in these bays, all the time, and the other owners have to ask their guests to park outside. Someone has now told the ex-chairman that we can not tow without a certificate from some Registar of Companies or Department of Commerce?
I spoke with the traffic department and they say they are willing to tow, at the owners expense, and it gets towed to their compound and held until a release payment is made.
I'm hoping someone knows about this certificate we are supposed to apply for? Help!!!
Thanks,
JDG
RE: RE: Towing of Vehicles
Hi JD. Did the traffic department mention anything about the certificate? I could be mistaking but to me it sounds like someone has missinformed your chairman. What do you think Anne?
RE: RE: RE: Towing of Vehicles
I don't know - as I said, I'd never heard of this requirement. It could be a requirement of the local Traffic Department, as they were asked if they would tow the vehicle. It's certainly not in the STAct or PCRs.
RE: Towing of Vehicles
I am not sure what the \\\"STAct or PCRs\\\" is... is STact = Sectional Title Act? It is definately part of the S.T. Act and it clearly states in Annexure 9 of the Conduct Rules of the Sectioanl Title Act of 1986 as I quoted earlier, that vehicles can be towed. See: www.stmartinigardens.co.za/.../1158919060-St_Martini_Gardens_ANNEXURE.9-_Management_Rules.doc
Though since we sent out a Memo quoting from Annexure 9 and discussed it in the AGM and its minutes, owners have suddenly become more carefull as to where they park! However, vehicles still park infront of garages obstructing traffic...! Round and round we go...
xxx
JDG
RE: RE: Towing of Vehicles
JD, I was not referring to the conduct rule regarding towing of which I am well aware, but of the requirement for a form from the Registrar of Companies to be completed. I repeat, this is not mentioned in the Sectional Titles Act, nor in Annexure 9 (the PCRs). Incidentally, Annedure 9 is the Conduct Rules. Annexure 8 covers the Management Rules.
RE: RE: RE: Towing of Vehicles
Anne, thanks for clarifying :)
And I agree that there is no mention of a form, though
since it was brought up the other tustees are hesitant to
give the ok for towing in case there is trouble.
The part that states'management rules' is part of the
name of the webaddress where I found an extract of
Annexure 9. I am very Grateful for all the free info
and support available on-line.
There is so much to know!!!
I'll post a note if I find anything out about the 'form'.
Until then I Stand for the Rules as written :)
Xxx
JDG
RE: Towing of Vehicles
Great - I finally have the answer...
As our parking area is 'private property' the traffic department
Says they may not tow vehicles. The Body Corporate has to find
A private towing company. They will have their own pound and vehicles
Will be towed there. The towing company then has all forms
That need to be completed for the towing to be legal.
So simple and I hope this has helped more than just my complex!...Show More
Thanks for all the support in this matter.
Regards,
JD
RE: RE: Towing of Vehicles
Thanks for the information, JD. It would be interesting to know whether you actually go ahead and have a vehicle towed away (with what, if any, consequences).
RE: RE: Towing of Vehicles
Thanks so much. This information is very useful.
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