Body Corporate Disputes
Family Provision and Estate Litigation
Queensland is dominated by strata property developments. The Body Corporate and Community Management Act 1997 (QLD) provides the legislative platform for the Regulation Modules which are applied to the various scheme types in Queensland. Scheme types range from two unit complexes, to large hybrid blendings of commercial and residential multi-level schemes.
The five Body Corporate Law Regulation Modules:
1. Body Corporate and Community Management (Standard Module) Regulation 2008
2. Body Corporate and Community Management (Accommodation Module) Regulation 2008
3. Body Corporate and Community Management (Commercial Module) Regulation 2008
4. Body Corporate and Community Management (Small Schemes Module) Regulation 2008
5. Body Corporate and Community Management (Specified Two-Lot Schemes Module) Regulation 2011
Our Body Corporate Law practitioners are experienced in all phases of the development, enforcement, administration and operations of Queensland bodies corporate, including management rights and letting arrangements.
Each body corporate must adapt By-Laws, which provide the contribution and allotment schedules detailing the obligations and rights of each owner in a scheme to exclusive use areas, and common property.
From time to time, schemes will have issues with its owners. These issues may be failure to pay levies, damage to common property, creation of nuisances and changes in environmental and structural requirements of the scheme. Our Team assists in each stage, including assisting in drawing amendments to By-Laws, negotiating changes to service provider agreements, advising on contravention matters, orchestrating levy recovery litigation and general advisory services.
If you would like to speak to one of our Body Corporate Law specialists, please do not hesitate to contact our office on 07 5574 3560, or by email at firstname.lastname@example.org. Our Body Corporate Team services the Queensland Eastern Coast from Port Douglas to Coolangatta.
ARTICLES ON DISPUTE RESOLUTION
Parking disputes are a common body corporate problem. In Queensland, they are nothing short of a nightmare. Parking and towing remedial action do not fall within the Body Corporate and Community Management Act 1997 or the Regulation Modules. A body corporate is...read more
We are pleased to report our appeal in the matter of The Body Corporate for 399 Woolcock Street CTS 34770 v Sexton & Ors  QCATA 055 (399 Woolcock) was successful. Unfortunately, the decision has sparked a new line of dispute in the industry as to whether debt...read more
As all lawyers and a significant number of clients learn quickly in litigation, finding a Defendant for personal service can be painfully slow and frustrating. Unfortuantely, the Civil Procedure Rules categorically require personal service for originating matters...read more