Qld lot owners would like to know about applying for conciliation with a Form 22 and whether conciliation is worthwhile.
Table of Contents:
- QUESTION: Conciliation is a total waste of time and money. A body corporate committees will most likely, having made the decision, refuse to compromise.
- QUESTION: Is it possible to apply for conciliation for a few different disputes in one conciliation application form (Form 22)?
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Question: Conciliation is a total waste of time and money. A body corporate committees will most likely, having made the decision, refuse to compromise.
Conciliation is a total waste of time and money. A body corporate committees will most likely, having made the decision, refuse to compromise. It will hide behind “the committee decision” and “we have made this decision for the benefit of all owners”, so will not lose face by agreeing to a change.
A body corporate committee does not always act “reasonably”, but rather enjoys having the power and control that comes with being on the committee. And frequently it’s a single voice requesting something, so has next to no chance of getting anywhere.
Answer: I couldn’t disagree with you more.
I couldn’t disagree with you more.
As Commissioner, I know that the Conciliation Service of my Office would have success rates of up to 75%. That’s as much as ¾ of all conciliation matters not proceeding to adjudication. I saw plenty of committees start out with a position of “no pets” only to end up agreeing to an animal by the end of the conciliation session.
Moreover, your comment that it’s a waste of money doesn’t make sense, when you consider that the application fee for conciliation is under $100.
Finally, I don’t think it’s fair for you to label all committees as enjoying the power and control of being on committees. Are some committees dysfunctional? Yes. Do some committee members do the wrong thing? Absolutely. But all of them? Hardly.
Committees are made up of volunteers and the vast majority of them do the right thing. I’d be saying to you that if you don’t like the way your committee does things, then :
- properly monitor and challenge, if necessary, their decisions
- put up a motion to replace those committee members you don’t think are doing the job right and
- put up your hand to be on the committee yourself.
Chris Irons Hynes Legal E: chris.irons@hyneslegal.com.au P: 07 3193 0500
This post appears in Strata News #425.
Question: Is it possible to apply for conciliation for a few different disputes in one conciliation application form (Form 22)?
GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITEI am looking for information about an application for conciliation, specifically, whether it is possible to apply for conciliation for a few different disputes in one conciliation application form (Form 22)?
Answer: The conciliation application can deal with separate issues.
This is probably the starting point for conciliation information: Conciliation for body corporate disputes.
Here is access to the conciliation guide and Form 22.
The conciliation application can deal with separate issues but the applicant would want to make sure that:
- The parties to the separate disputes are the same; and
- They have attempted self resolution for all of the issues.
E: frank.higginson@hyneslegal.com.au P: 07 3193 0500 W: http://www.hyneslegal.com.au
This post appears in Strata News #268.
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