A Step-by-Step Guide to Resolving a Body Corporate Dispute in Queensland

Start with Communication

Most body corporate disputes can be resolved without formal intervention if addressed early and calmly. Before escalating:

Speak directly with the person involved if you feel comfortable doing so
Keep the conversation factual and focused on the issue, not the person
Follow up any verbal discussions in writing to create a record
Give the other party a reasonable opportunity to respond

Many disputes arise from misunderstanding or miscommunication. A short email can often resolve what might otherwise become a protracted formal complaint.

Step 1: Put It in Writing

If direct communication does not resolve the matter, write formally to the body corporate secretary or manager. Your letter or email should:

Describe the issue clearly and factually
Reference any relevant by-law or BCCM Act provision
State what outcome you are seeking
Set a reasonable deadline for a response
Keep a copy

A written request creates a record and formally puts the body corporate on notice. The body corporate has an obligation to respond to legitimate complaints.

Step 2: Conciliation Through the Commissioner's Office

If the body corporate does not respond adequately, the Commissioner for Body Corporate and Community Management offers a free conciliation service.

Conciliation is:

Informal and confidential
Conducted by a trained conciliator who helps both parties reach agreement
Voluntary — both parties must agree to participate
Usually resolved within 4–12 weeks

Apply through the Queensland Government website. Include a description of the dispute and evidence of your attempts to resolve it directly.

Step 3: Formal Adjudication

If conciliation fails or is not appropriate, you can apply for adjudication — a formal written process where an independent adjudicator reviews submissions from both parties and makes a binding decision.

Adjudication:

Requires a written application and supporting evidence
Has an application fee
Is conducted entirely in writing — no hearing
Takes approximately 3–6 months
Results in a binding order that can be enforced through QCAT

Step 4: QCAT

QCAT (Queensland Civil and Administrative Tribunal) becomes relevant when:

You are appealing an adjudicator's decision
You need to enforce an adjudicator's order that has not been complied with
Your dispute falls directly within QCAT's jurisdiction

QCAT proceedings are more formal and can involve legal representation. They take longer than the Commissioner's process but have greater enforcement powers.

What Not to Do

Do not withhold levies as leverage in a dispute. Levies must be paid regardless of any ongoing dispute. Withholding them will result in interest and debt recovery action.
Do not make repairs to common property unilaterally while disputing responsibility for them.
Do not delay. Disputes generally get harder to resolve the longer they are left.

Keep Records Throughout

At every stage, document everything. Save emails, take photographs, keep a contemporaneous log of incidents. An adjudicator can only act on evidence presented in writing — undocumented allegations carry little weight.

This article is general information only and does not constitute legal advice. For advice about a specific dispute, consult a strata lawyer or the Office of the Commissioner for Body Corporate and Community Management.