Body Corporate Disputes – By Anthony Miller, Principal Lawyer

As the population of our urban centers grow and housing condenses down into community living, also growing are the number of disputes between those living in these communities. In Queensland these disputes are often governed by the Body Corporate and Community Management Act and the associated regulations.

Generally a dispute in a body corporate scheme will firstly be brought before the commissioner for Body Corporate and Community Management if the parties have been unsuccessful in resolving the matter themselves. Despite the fact that parties can act for themselves in these proceedings it is important to obtain legal advice on rights, obligations and limitations as to what the commissioner can order. If unsuccessful in a matter decided by the Commissioner then an Appeal can be made to QCAT, which also has jurisdiction over complex disputes.

Miller Sockhill Lawyers have successfully acted for unit owners as well as bodies corporate in many disputes before the adjudicator and QCAT including the matter of Cirrus [2019] QBCCMCmr189 in which we acted for the Body Corporate in successfully opposing an Application by an owner for the Body Corporate to replace all of their windows and pay their legal and other costs associated with their Application. The Adjudication Decision can be found here – http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr//2019/189.html

Miller Sockhill Lawyers, based in Maroochydore on the Sunshine Coast regularly advise clients on body corporate disputes. Contact Miller Sockhill Lawyers on 07 5444 4750.