Strata titled living (which includes units, townhouses and duplexes) is fast becoming a popular alternative to your traditional form of house and land living arrangement, particularly on the Gold Coast and through south east Queensland.
Not surprisingly, the existence of multiple lot owners and a body corporate can create the basis for various forms of body corporate disputes.
Body corporate disputes will usually either arise either between:
- unit owners;
- owner/owners and the body corporate; or
- an owner/the body corporate and a neighbour.
The most common disputes often concern:
- levies;
- damage to property;
- lack of maintenance for common property or personal property;
- overhanging trees;
- blocked pipes from obstructions (such as tree roots) in common areas;
- noise complaints;
- disputes with neighbours;
- constructions/building disputes; and/or
- insurance disputes.
Body corporate disputes can be resolved by:
- self resolution;
- conciliation through the Office of the Commissioner for Body Corporate and Community Management;
- adjudication through the Office of the Commissioner for Body Corporate and Community Management;
- applications to the Queensland Civil and Administrative Tribunal (QCAT) (for complex disputes such as lot entitlements or contractual disputes);
- specialist adjudication through the Office of the Commissioner for Body Corporate and Community Management (with the agreement of all parties); or
- instituting proceedings through the Courts (in limited circumstances).
Marino Law acts for lot owners, bodies corporate, body corporate committees and their members and body corporate managers, letting agents and caretakers.
Our experienced team of body corporate Dispute Litigation Lawyers can assist you in finding resolution to the dispute or referring your dispute to an external body such as the Office of the Commissioner for Body Corporate and Community Management, Queensland Civil and Administrative Tribunal of the Court.
