DISPUTE RESOLUTION
Commercial Disputes
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 info@nautiluslaw.com.au. Our Body Corporate Team services the Queensland Eastern Coast from Port Douglas to Coolangatta.
ARTICLES ON DISPUTE RESOLUTION
Strata Levies: Can an owner refuse to pay levies?
Can an owner refuse to pay strata levies because the owner has a dispute with the Body Corporate? Short answer: No! An owner's obligation to pay strata levies is independent of any other matter between the owner and the body corporate. Therefore, if an owner refuses...
Where do I lodge my Claim and Statement of Claim against a Defendant?
In Queensland, "where" you lodge a Claim and Statement of Claim is dictated by the Uniform Civil Procedure Rules 2001 (“UCPR”). Queensland has three different categories of Courts, which are essentially organised in terms of the matter types which each decide, as well...
Body Corporate Regulation Modules – A Brief outline of the “Standard Module”
There are five different Body Corporate regulation modules to be considered when a body corporate is assessing the scheme. This is depending on the individual circumstances of the scheme. Over the following weeks we will be reviewing each Module. The first Module to...
ADJUDICATION AND LITIGATION
CONSTITUTION AND BY-LAW ADVICE
LEVY ARREARS AND LITIGATION
GET IN TOUCH WITH US
Street Address: 4/37 Commerce Drive Robina QLD 4226
PO Box: PO Box 400 Varsity Lakes QLD 4227
Phone: +61 (07) 5574 3560 | Fax: +61 (07) 5574 0130
Email: info@nautiluslaw.com.au
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