A lot owner from QLD is wondering about the process for applying for Dispute Resolution. Frank Higginson, Hynes Legal provides the following response.
Question: How do we go about applying for dispute resolution to resolve problems among the Executive Committee at our Scheme?
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The body corporate secretary did not send nomination notices to 3 committee members, including myself. He has been paying invoices without committee approval, which we objected to. It all seems to be too much of a coincidence.
How do we go about applying for dispute resolution? What steps I need to take to resolve this matter? Any information would be useful.
Answer: They very first thing is trying to resolve the issue yourselves.
They very first thing is trying to resolve the issue yourselves.
This would mean asking what has gone on and looking for their explanation.
After that, to me any application would relate to the right to get on the committee if notices were not received in time. That would assume the right has been lost through others nominating and filling the positions. If you got back on it would not matter.
I am not sure if there is one required with respect to payment of invoices. If the expenses were properly incurred by the body corporate there is no loss that has been suffered. Yes they may have gone beyond their authority, but if the body corporate legitimately owed the money, then at worst they would get a slap on the wrist.
This post appears in Strata News #186.