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Body Corporate Disputes: When Boundaries Are Crossed

Body corporate disputes can involve a number of issues, from the committee budget, levy changes through to what residents can and cannot do.

There has been an increase in disputes between residents and their body corporate, particularly with the increase in people working from home.

A Couch & A Carpark

In one dispute, a resident at an exclusive Gold Coast tower received a $500 fine from the body corporate for allegedly disposing of a couch and a mattress in the tower carpark.

Despite video footage showing the resident with a hotel employee in the carpark at the time of the incident, the resident appealed the fine.

A complaint was lodged with the Body Corporate and Community Management Commissioner (“BCCMC“) on the grounds that the body corporate had no power to issue the fine.

The resident also claimed there was racial discrimination and a personal vendetta against him from the body corporate committee.

In the body corporate committee’s defence, they stated the “fine” was actually an invoice for reimbursement of the disposal costs associated with disposing of the items in the carpark.

The BCCMC found that there were no grounds of racial discrimination, but overturned the $500 fine. The BCCMC stated the body corporate committee had no right to issue the fine / invoice in the first place.

No News

Residents at a large complex on the Gold Coast were subjected to having the delivery of a newsletter prohibited as the newsletter occasionally criticised the body corporate.

With claims of Big Brother style censorship, the decision to prohibit the newsletter was reversed – after the involvement of a resident MP.

I’ll Take The Stairs

Ongoing disputes at a 47-unit complex at Southport have literally divided the residents into two, with some residents refusing to share lifts with other residents.

There are allegations the body corporate committee cannot even work together.

Multiple complaints have been made to the BCCMC, including about the validity of meetings, the return of keys and delays on important fire safety decisions such as the repair of heat detectors.

How We Can Help

Ryan Murdoch O’Regan Lawyers’ body corporate lawyers have the expertise to work with residents and body corporate managers to effectively resolve issues in a cost-effective manner, ensuring the body corporate’s interests are protected, both in the short-term and long-term.

Our team go above-and-beyond to obtain the best possible outcome.

As one of our clients said “Invest in the best. Q&S”.

Contact Us

Get the best representation. Contact Ryan Murdoch O’Regan Lawyers on 1800 999 529, email mail@rmold.newwebsite.live, or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.

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