Disputes

Your options depend on the nature of the dispute: **For decisions made at a general meeting:** You can apply to the Commissioner for Body Corporate and Community Management for adjudication if you believe the decision was made unlawfully — for example, if proper notice was not given or the wrong resolution type was used. **For ongoing issues** (by-law enforcement, maintenance failures, access to records): The Commissioner's office offers a free conciliation service as a first step. If conciliation does not resolve the matter, you can apply for formal adjudication. **Appeals:** Adjudicators' decisions can be appealed to QCAT. In all cases, document your concerns in writing and keep copies of all correspondence before starting any formal process. This article is general information only and not legal advice.

Good documentation is essential. Start keeping records as soon as you become aware of a potential dispute — early evidence is often lost if you wait. Keep copies of: - All correspondence (letters, emails, text messages) - Meeting notices, agendas, and minutes - Photographs and videos with timestamps - A written log of incidents with specific dates and times - Any written agreements or undertakings made by the other party - Copies of relevant by-laws and sections of the community management statement - Any reports from tradespeople or building inspectors Evidence that is not documented is very difficult to rely on in conciliation or adjudication. An adjudicator can only consider what is in front of them in writing. This article is general information only and not legal advice.

Generally, body corporate disputes go through the Commissioner's office (conciliation, then adjudication) rather than directly to QCAT. Most disputes must be attempted through the Commissioner's process first. However, there are situations where QCAT can be approached directly: - To enforce a by-law after the body corporate has failed to act within a reasonable time - To appeal an adjudicator's decision - For disputes that fall under QCAT's direct jurisdiction For owner-to-owner disputes that do not involve the body corporate itself — such as property damage or trespass — these may be dealt with through QCAT (Minor Civil Disputes) or the Magistrates Court rather than the body corporate process. If you are unsure of the right pathway, the Commissioner's office can advise which process applies to your situation. This article is general information only and not legal advice.

Timeframes vary depending on the process: **Conciliation:** Typically 4–12 weeks from application, depending on the parties' availability and complexity. **Adjudication:** Usually 3–6 months from application to decision. **QCAT:** Can take 6–18 months for complex matters, though simpler enforcement matters may be faster. These are guides only — actual timeframes vary. Importantly, your legal obligations continue regardless of the dispute. You must keep paying levies throughout the process — withholding payment will result in interest and debt recovery action even if you ultimately win the dispute. If the matter is urgent (for example, safety at risk or an imminent AGM decision), mention this when you apply — urgent matters can sometimes be expedited. This article is general information only and not legal advice.

Adjudication is a formal dispute resolution process available through the Commissioner for Body Corporate and Community Management. An independent adjudicator reviews written submissions from both parties — you do not appear in person — and makes a binding written decision. Adjudication is suitable for disputes about: - Body corporate decisions alleged to be unlawful - By-law enforcement (or failure to enforce) - Maintenance obligations - Access to records - Levy disputes Before applying for adjudication, you must first attempt conciliation (or demonstrate that conciliation is not appropriate in the circumstances). There is an application fee for adjudication. Adjudicators' decisions are binding and can be enforced through QCAT if the losing party does not comply. This article is general information only and not legal advice.

QCAT is the Queensland Civil and Administrative Tribunal — an independent tribunal that hears a wide range of civil and administrative disputes, including body corporate matters. In the body corporate context, QCAT can: - Hear appeals against adjudicators' orders made by the Commissioner's office - Enforce adjudicators' decisions - Deal with some disputes directly - Award costs - Issue enforcement orders and impose penalties QCAT proceedings are more formal than conciliation or adjudication. Parties can be legally represented, though many owners appear without a lawyer. Most body corporate disputes start with conciliation through the Commissioner's office rather than going directly to QCAT. QCAT is generally the escalation point after the Commissioner's process. This article is general information only and not legal advice.

The Commissioner for Body Corporate and Community Management is a Queensland Government statutory office that administers the BCCM Act and provides dispute resolution services. The Commissioner's office offers: - **Free conciliation** — an informal process where a conciliator helps both parties reach agreement - **Formal adjudication** — a written submissions process where an independent adjudicator makes a binding decision - **Information and guidance** — published guidance notes on common body corporate issues The Commissioner does not act as an advocate for either side. Conciliation is confidential and voluntary — both parties must agree to participate. The Commissioner's office is the recommended first stop for most body corporate disputes before considering QCAT. Contact and application details are on the Queensland Government website. This article is general information only and not legal advice.