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
How does “service” of a Statement of Claim work?
After a Claim and Statement of Claim have been lodged with the Court and returned to us, the next step is to "serve" the documents on the Defendant in accordance with the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). Rule 105 of the UCPR states: (1) A person...
What is the difference between a Body Corporate Committee and Body Corporate Manager?
The Body Corporate and Community Management Act 1997 (“the Act”) provides that a Body Corporate Committee shall (subject to delegation of any functions to a Body Corporate Manager or external service provider): Manage the Body Corporate and oversee compliance with...
Help, the Mortgagee has taken possession and hasn’t paid the Body Corporate Debt!
We hear that on occasion - but all is not lost for the Body Corporate! If an owner of a property fails to pay the loan repayments associated with their mortgage, the mortgagee (the bank that lent them money to buy the property and holds a mortgage over the property)...
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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