Harrigan Lawyers, Brisbane, can help you with your Body Corporate and Strata legal questions, including
- Acting for Lot Owners and Bodies Corporate
- Management Rights Advice
- By-Laws and Community Management Statements
- Lot Entitlements Adjustments
- Levy Collection
- Dispute Resolution
- Applications for Conciliation and Adjudication
Body Corporate Advice
The increasing popularity of living and investing in medium to high density housing has brought increasing enquiries on community titles (strata) law. This area of law is not exclusively for residential apartments. The legislation applies to a wide range of property development projects – for example, residential units, hotels, business parks and commercial offices, or a mixed use of all of these.
Dealing with disputes – the wrong approach can be expensive…
The legislation provides for the “exclusivity of dispute resolution provisions” and prescribes a specific process to be followed in the resolution and determination of a body corporate dispute. With only some limited exceptions, any dispute in regard to property registered as a community title scheme (CTS) must at first instance be referred to the Commissioner for Body Corporate and Community Management. Where a matter has been brought to a Court at first instance, it may well be referred back to the Commissioner with costs brought against a plaintiff for bringing proceedings in the wrong jurisdiction. Not only is this a very expensive and unnecessary process causing delay to the resolution, but had the dispute been brought to the Commissioner at first instance the dispute resolution provisions outlined in the legislation provide a far less adversarial approach. This is particularly important in community title matters where often there is a need for an ongoing relationship between the parties.
Unpaid levies – being late does matter…
The issues of unpaid levies by a lot owner is a matter which we frequently see. Any irregularities on the calculation of quarterly levies on a contribution notice needs to be resolved immediately the discrepancy arises. In one extreme matter, unpaid levies totalling $15,664.31 developed into a matter where the lot owner [img alt=”” src=”https://www.harriganlawyers.com.au/Sites/1974/Images/bodycorporate2.jpg”]failed to make payment of 38 levy notices resulting in the imposition of penalties and the recovery of legal costs totalling $106,792.22. Don’t let this occur in your scheme. Take early action today.
Management rights disputes…
Equally, disputes concerning management rights need to be addressed early and expert advice sought. Often the holders of management rights of schemes have invested heavily in purchasing the rights and are prepared to expend considerable funds to defend their position. Not only is a body corporate not obtaining value from the non-performing managers, but more importantly lot owners’ asset value is being diminished by poorly maintained common property.
Contact us to find out more or to arrange a consultation