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Chapter six of the Body Corporate and Community Management Act establishes a comprehensive system of dispute resolution that is unique, exclusive, and in most cases mandatory for disputes relating to community title schemes. The main elements of the Body Corporate and Community Management Act dispute resolution process are –
Applications to the Commissioner for Body Corporate and Community Management
dispute resolution recommendations, especially at the preliminary stage of the process
Mediation, conciliation and adjudication
Orders, including interim orders, by adjudicators
Enforcement orders through the Magistrate Court
Appeals to the District Court on questions of law.
Types of disputes to which dispute resolution applies includes those concerning the Body Corporate and Community Management Act, or the community management statement for the body corporate, where the dispute is between –
two owners of lots included in the scheme
the body corporate and an owner or occupier of a lot in the scheme
a body corporate and its body corporate manager
a body corporate and a former body corporate manager concerning the return of body corporate records
a body corporate and a caretaking service contractor
a body corporate and a service contractor where the dispute concerns a review of the service contract under the statutory review provisions contained in the Body Corporate and Community Management Act
a body corporate and its letting agent
a body corporate and a committee member
the committee of the body corporate and a committee member.
Schedule J provides for a form submission of disputes for adjudication by the Commissioner’s Office.
