DISPUTE RESOLUTION
(BODY CORPORATE) ARTICLESStrata 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...
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)...
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