Body Corporate Disputes
Body Corporates are what the owners are classified as in a community title scheme. Each and every owner of a lot in a community titles scheme is part of the body corporate. The body corporate is usually represented by the body corporate committee which is a group of owners who are elected each year at the annual general meeting (AGM). While the committee represent the body corporate / owners they do not have complete power over what happens in the complex.
A community titles scheme (or CTS as they are often known) are communal living complexes or, in other words a block of units, townhouses, flats, or high rise apartments – any type of occupancy where there is some form of communal living.
Communal or community living is definitely increasing in metropolitan and coastal areas of Australia, which also means that disputes within schemes are also increasing.
Community living can be an absolute blessing, especially when we are all so busy, as the body corporate looks after the common areas such as gardens, swimming pools, driveways, car parks, lifts and the exterior of the building. Community living can also be an absolute nightmare, especially if your neighbours aren’t doing the right thing, someone has a barking or smelly dog and they’re not meant to, the committee has become power hungry and aren’t behaving in the best interests of the scheme among other things.
If a dispute arises you are always best to try and work it out with the person or group you are at odds with, however, if you can’t work it out, or you don’t know your rights then we are here to help you.
Body Corporate disputes are governed by the Body Corporate and Community Management Act (BCCMA) and the relevant Regulation to your complex. The Body Corporate and Community Management Commission (BCCM) is the decision maker for many body corporate dispute, if you wish to bring an application or if one has been made against you, you need to obtain legal advice.
We have years of experience in all areas of Body Corporate Disputes and are able to guide you through the entire process. Whether you are an individual owner, occupier, body corporate manager, or the body corporate/committee we are able to assist you.