General

A body corporate (called an owners corporation in some other states) is the legal entity created automatically when land is subdivided into lots under the Body Corporate and Community Management Act 1997 (BCCM Act). Every owner of a lot in the scheme is automatically a member of the body corporate — you cannot opt out. The body corporate: - Collectively owns the common property (gardens, driveways, pools, external walls, roof) - Is responsible for managing and maintaining common property - Collects levies from owners to fund its operations - Makes decisions through its elected committee and at general meetings - Is a legal entity that can enter contracts, sue, and be sued Body corporates range from two-lot townhouse pairs to large residential towers with hundreds of lots. This article is general information only and not legal advice.

A body corporate manager is a licensed professional engaged under a management agreement to assist the committee with the administration of the scheme. Typical duties include: - Preparing and distributing meeting notices, agendas, and minutes - Collecting levies and following up arrears - Paying accounts and maintaining bank accounts - Maintaining financial records - Arranging insurance renewals - Managing correspondence with owners - Engaging and coordinating contractors Body corporate managers in Queensland must hold a licence under the Property Occupations Act 2014, issued by the Office of Fair Trading. Engaging a manager is not compulsory, but most schemes benefit significantly from professional administration. Self-managed schemes require committee members to take on substantial administrative workload and risk. This article is general information only and not legal advice.

Generally no. All lot owners have a right to use common property — it is collectively owned by all owners in the scheme. The committee cannot permanently exclude an individual owner from common property. However: **The body corporate can:** - Pass by-laws that regulate how common property is used (pool rules, noise restrictions, booking systems) - Restrict access to specific areas temporarily for safety or maintenance reasons - Exclude a person who is behaving dangerously or unlawfully **Court orders:** In extreme cases involving serious and ongoing misconduct, a court order restricting an owner's access to certain common areas may be obtained — but this is rare and requires a judicial process. The committee cannot impose such a restriction on its own authority. If you believe you are being unreasonably excluded from common property, contact the Commissioner's office. This article is general information only and not legal advice.

A community titles scheme is the legal structure created when land is subdivided into lots and common property under the Body Corporate and Community Management Act 1997. Every body corporate scheme in Queensland is a community titles scheme. Each scheme has: - A unique registered number - A registered plan showing the physical boundaries of lots and common property - A community management statement setting out the by-laws and governance arrangements - A body corporate (the legal entity made up of all lot owners) "Community titles scheme" is the formal legal name — "body corporate scheme," "strata scheme," and "strata title" are all informal terms for the same thing. Schemes can be residential, commercial, industrial, or mixed-use. Townhouse complexes, apartment buildings, retail centres, and industrial estates can all be community titles schemes. This article is general information only and not legal advice.

Understanding this distinction is fundamental to body corporate ownership. **A lot** is the area of private ownership allocated to an individual owner — the interior of a unit, townhouse, or commercial tenancy. The lot owner is responsible for maintaining everything within the lot boundary. **Common property** is everything within the scheme boundaries that is not part of any individual lot. This typically includes: - Gardens, driveways, and car parks - External walls and roof - Pools, gyms, and shared facilities - Stairwells and corridors - Shared plumbing and electrical infrastructure The body corporate collectively owns and is responsible for maintaining common property. The boundary between a lot and common property is defined by the registered scheme plan. In most standard module schemes, the boundary is the inner surface of boundary walls, the upper surface of floors, and the under surface of ceilings. This article is general information only and not legal advice.

The Office of the Commissioner for Body Corporate and Community Management is a Queensland Government statutory body that administers the BCCM Act. Its key services include: **Dispute resolution:** - Free conciliation for disputes between owners, committees, and managers - Formal adjudication where an independent adjudicator makes a binding written decision **Information and education:** - Published guidance notes on common body corporate law issues - A phone and email enquiry service - Online resources for owners, committees, and managers **Oversight:** - Oversight of licensed body corporate managers The Commissioner's office does not act as an advocate for either side in a dispute. It is the recommended first contact for most body corporate problems before considering QCAT. This article is general information only and not legal advice.

Queensland body corporates are governed primarily by the Body Corporate and Community Management Act 1997 (BCCM Act). The BCCM Act is supplemented by one of five module regulations, which provide detailed rules for different types of schemes: - **Standard Module** — applies to most residential schemes - **Accommodation Module** — applies to schemes primarily used for short-term accommodation - **Commercial Module** — applies to non-residential commercial schemes - **Small Schemes Module** — applies to schemes of 6 lots or fewer - **Specified Two-lot Schemes Module** — applies to two-lot schemes that opt in The community management statement identifies which module applies to a particular scheme. The Act and the relevant module together govern everything from levy collection to dispute resolution. This article is general information only and not legal advice.