DISPUTE RESOLUTION
(BODY CORPORATE) ARTICLESWhat happens when I can’t find the Defendant to personally serve?
As all lawyers and a significant number of clients learn quickly in litigation, finding a Defendant to personally serve can be painfully slow and frustrating. Unfortunately, the Civil Procedure Rules categorically require personal service for originating matters (and...
What is the process of approving “common property improvements”?
Does your common property require improvement, but your Committee is unsure of their rights or the requirements imposed on it by law? Or is your Body Corporate aware of its obligations but requires guidance? At Nautilus Law Group, our team can assist your Committee or...
Body Corporate and Community Management – Small Scheme Module
The Body Corporate and Community Management (Small Scheme Module) Regulation 2008 (the Small Scheme Module) applies from 30 August 2008, and generally relates to bodies corporate with 2-6 lots and of a predominantly residential nature. Letting Agents Complexes...
Body Corporate Repairs and Maintenance – who pays for what?
Body Corporate Repairs and Maintenance - who pays for what? Has an owner requested your Body Corporate to do repairs and maintenance, or compensate the owner for repairs made? There may be fine distinctions between what constitutes an owner’s obligation, and what...
Can a Body Corporate claim costs?
A Body Corporate’s legal and mercantile costs associated with recovering outstanding body corporate debts (defined broadly as, outstanding levies, interest and recovery costs) from an owner, are distinct from legal costs incurred in association with a dispute with an...
Can a Body Corporate add 30% interest on overdue strata levies?
Yes, absolutely. Body Corporate and Community Management Act 1997 permits Queensland bodies corporate to charge 2.5% interest per month, in other words 30% per annum, on overdue strata levies due by an owner to the bodies corporate. On occasion, in defense of legal...