Body Corporate Disputes between unit owners and their body corporate must first proceed through a resolution process with the Body Corporate and Community Management Commissioner (BCCM).
The BCCM handles disputes ranging from consent for pets; overdue maintenance; improvements; entry rights; bylaws; contractors; and the conduct of officeholders.
Body corporate decision making is governed by the relevant legislation and the Regulation Module that applies to the Community Management Statement pertaining to the body corporate.
Those who are eligible to participate in the BCCM process include owners, tenants, manager, service contractor, committee members and the body corporate itself.
After having attempted to reach an agreement with the person with whom you are in dispute, the first step is to lodge a conciliation application form.
If that process does result in a resolution, the next step is to escalate the matter to an adjudicator by lodging a further application.
Adjudicators are able to determine most disputes.
Our fixed fee package for written advice; adjudication application/responses and accompanying submissions is $1,500 plus GST. Terms apply. BCCM filing fee (claims only) is additional.
“Complex” disputes can only be decided by QCAT. They include disputes relating to lot entitlements; contracts with caretakers and managers; management rights; and exclusive use of common areas.