13th episode of the Let's Talk Strata podcast is available now

Best practice and tips on managing By-law disputes

A detailed discussion on the challenges of managing common disputes in strata with Chris Irons, Body Corporate Commissioner for Queensland

In the 13th Episode of Let’s Talk Strata, the second interview with the Body Corporate Commissioner for Queensland, Chris Irons, comes back again to further elaborate on common disputes that occur on a daily basis in a Community Titles Scheme.  Topics covered include discussion on:
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• Recap on statutory limitation periods for Body Corporate debt recovery and a review of the recent Court of Appeal case of Body Corporate for Mount Saint John Industrial Park Community Title Scheme 18632 v Superior Stairs & Joinery Pty Ltd [2018] QCA 173.  Chris discusses the statutory requirements and processes involved in recovery such as payment plans against the backdrop of the Body Corporate’s requirement raise necessary funds, and to act reasonably in the process; Jump to episode
• Chris talks about the need for Committees and lot owners alike to seek to resolve underlying issues that might be the precursor to disputes precipitating later – Where Chris talks about the need to “cleanse the well”;
• Short term letting and a review of the QCAT Case Body Corporate for Hilton Park CTS 27490 v Robertson [2018] QCATA 168; Jump to episode 
• Prescribed process for addressing by-law breaches and the need to properly evidence a breach before taking action; Jump to episode
• Other breaches are explored in the context of Adjudication decisions and other decisions– parking, visitor parking, noise, hard flooring, smoking, towing; 
• Smoking nuisances and the difficulties in establishing breach and sufficient evidence of nuisance (Norbury v. Hogan [2010] QCATA 027); Jump to episode 
• Towing and best practice for a Body Corporate considering this course of action; Jump to episode 
• Best practice tips to managing disputes generally, requirements for reasonableness in decisions of the body corporate, and no-go zones for the body corporate to be mindful of when managing disputes; Jump to episode
• The role of Conciliation and Adjudication in finding resolution;
• Chris discusses the BCCM Commissioner’s Office and collaborative initiatives with other Government and non-Government agencies to address common issues in strata;
• Preventative dispute resolution steps prior to making Conciliation and Adjudication applications, and the need to understanding the underlying issues to a dispute and “narrowing the focus”. Jump to episode 
• Chris provides advice on accessing the Newsletter and webinars from the Commissioner’s Office in relation to the above issues, and a great many more.

​Contact details:
 
Subscribe here to the Commissioner's office Newsletter, Common Ground:​

• https://www.qld.gov.au/bodycorporate

Contact the Commissioner’s office:

• Phone: 1800 060 119
• Website: https://www.qld.gov.au/bodycorporate

BCCM Webinar series:

• https://publications.qld.gov.au/dataset/bccm-webinar-series

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