Our Body Corporate Disputes team’s expertise in the law of community titles and property law is a major advantage for owners and body corporate entities or their managers in resolving disputes.
Not unexpectedly, community title arrangements (including units, townhouses and duplexes) – involving as they do numerous personalities – spawn disputes that are growing in number at the same pace as unit ownership itself, especially on the Gold Coast and Sunshine Coast, in Brisbane and through south-east Queensland.
Body Corporate disputes typically arise between:-
- Unit owners;
- An Owner and body corporate;
- Body corporate and developer;
- Body corporate and Manager; or
- An owner/the body corporate and a neighbour.
The most common conflicts among the stakeholders relate to:
- Disputes with managers and contractors
- Building deterioration;
- Construction defects;
- Permission for Pets;
- Owner’s proposal for unit improvements or changes;
- By-law issues;
- Exclusive Use arrangements;
- Administration or Sinking Fund levies; and
- Management performance and management fees.
Body corporate disputes can be resolved through:
- Negotiated resolution among the parties with or without legal representation;
- Conciliation through the Office of the Commissioner for Body Corporate and Community Management with the agreement of all parties. The Commissioner can reject some disputes as not being appropriate for conciliation.
- Specialist adjudication through the BCCM Commissioner, or
- Queensland Civil and Administrative Tribunal (QCAT) proceedings where the dispute can not be otherwise resolved or is not suitable for adjudication etc;
- Instituting proceedings through the Courts for example by or against a developer.
QLD Business + Property Lawyers have experience in acting on behalf of lot owners, body corporates, managers, letting agents and caretakers.
The experienced team of body corporate dispute lawyers will help you find a solution and prepare your case for QCAT or the BCCM Commissioner. Please feel free to contact us on 1300-590-613 or by email to [email protected] about any community title legal issues you may have.