This article explains Queensland BCCM conciliation for body corporate disputes.
Conciliation is the first formal step to resolving a dispute and it’s also one of the services offered by the Office of the Commissioner for Body Corporate and Community Management (BCCM).
Most people applying to have a dispute resolved through us will need to participate in conciliation before adjudication, which is the second formal step in the dispute process, can occur.
Both conciliation and adjudication are only available for those who have previously attempted to resolve the dispute directly with the other party (or parties) named in the application.
An application for conciliation and an adjudication must include evidence showing attempts to resolve their dispute.
This article will cover some frequent questions about seeking a resolution and provide real case examples of disputes resolved through conciliation.
What is conciliation?
With the guidance of a conciliator, the applicant and respondent (parties to a dispute) can engage in constructive discussions and receive relevant information on the applicable body corporate legislation. This will assist in reaching an informed and mutually agreed-upon outcome.
What are the benefits of conciliation?
Conciliation offers a variety of benefits that make it an efficient choice for dispute resolution:
- Cost-effective: A one-off fee covers a three-hour session led by a conciliator, making it an affordable way to address and resolve disputes. In addition, each party discusses their issues with the conciliator before meeting the other party.
- Efficient turnaround: When applications meet legislative requirements, sessions are scheduled within 3 to 4 weeks, providing a fast pathway to resolution. This allows for issues to be addressed promptly while reducing prolonged uncertainty.
- Mutual agreements: Conciliation encourages open communication and empowers all parties to contribute to the outcome. Reaching a mutually accepted resolution helps resolve the immediate issue and supports ongoing positive relationships, making it especially beneficial for living in a body corporate.
- Informal process: The process is without legal representation. This creates a comfortable setting where participants can discuss their concerns. Conciliation is your chance to have control of the outcome of the dispute.
- Convenience and accessibility: Sessions are conducted over the phone, allowing parties to participate from any location.
- Knowledgeable conciliators: Conciliators provide insights into how legislation applies to the dispute, ensuring parties receive the required information to make decisions. Conciliators may suggest relevant adjudication orders be read.
What is the role of a conciliator?
Conciliators facilitate constructive discussions between the parties.
They guide everyone through each step of the process and provide information about relevant legislation and at all times remain neutral and do not advocate on behalf of either party.
Instead, they help maintain a balanced discussion, encouraging each party to share their perspective and work together towards a mutually acceptable solution.
Before the scheduled session, the conciliator contacts all parties to explain the process and answer any questions.
This preparation fosters a smoother, more productive session where all parties feel informed and ready to engage in meaningful discussions.
Expectations for participants
All parties are encouraged to join the session with a genuine willingness to reach a solution. To ensure a productive discussion, the conciliator may set a few ground rules, such as:
- listening without interruptions
- keeping discussions respectful and constructive
- not allowing sessions to be recorded.
The conciliator may end the session if ground rules are broken.
Who can participate?
Generally, only the parties directly involved in the dispute (the applicant and respondent) attend the conciliation session.
However, if another person is affected by the issues raised, and is named in the application, the conciliator may invite them to participate.
You can request a support person for comfort, but they generally do not speak during the session.
Legal representation is typically not allowed in conciliation, as it is a non-adversarial process. Body corporate managers are also usually not involved.
What if I need reasonable adjustments?
Conciliators will ensure everyone can participate fully in the process.
If there are any adjustments required to accommodate someone’s needs, they must be informed ahead of time.
If requested at least 24 hours before the scheduled session, our office can arrange interpreters if needed.
Can I reschedule a session?
Conciliation sessions aim for timely resolution. However, if you cannot attend on the scheduled date, you can request a reschedule by contacting the conciliator and explaining your reasons.
The conciliator will consider each request individually, with flexibility around unforeseen issues like medical emergencies or unique circumstances.
What happens if a party doesn’t attend?
All parties are encouraged to make a genuine effort to participate in conciliation.
However, failing to attend without a reasonable cause may lead to the conciliator closing the application and issuing a certificate stating no reasonable attempt was made to participate.
This may affect an applicant’s lodgement of an adjudication application with our office, and the respondent may be ordered, in a subsequent proceeding, to pay for the conciliation and adjudication application fees.
Scenario
Before Skye bought her townhouse in Cairns, she researched the body corporate by-laws for her community titles scheme.
By-law 11 was a permissive by-law that allowed pets onto scheme land with body corporate approval.
Skye applied to the body corporate (BCCM Form 31), asking for her 6-year-old labradoodle Cookie to be approved to live on the scheme.
She included registration details and a photo of Cookie. The committee considered her application and decided not to approve the labradoodle.
The application was denied with a 2-3 split vote against the motion.
After further attempts to communicate with the body corporate but not receiving a response, Skye decided to lodge a conciliation application with the BCCM office.
Once Skye’s application met the requirements of the legislation, the matter was scheduled for a conciliation session.
A copy of the application was sent to the body corporate and Jacob and Lillian, two voting committee members, were authorised to represent the committee at the session.
At the session: The conciliator contacted all parties before the session and provided information about the legislation and similar previous adjudicator’s orders.
Jacob and Lillian outlined the reasons for the body corporate declining Skye’s application. They believed Cookie would be a nuisance and would roam on common property and bark. At the session, the conciliator was able to give all parties information about their obligations and provisions of the legislation.
Skye was able to reassure the committee that Cookie was well-behaved, and as the pet owner, Skye would comply with reasonable conditions imposed as part of any approval.
The agreement was to allow Cookie to come onto the scheme under the following conditions which would mitigate concerns:
- The animal must not cause nuisance or interfere unreasonably with any person’s use or enjoyment of another lot or common property.
- The animal must be on a lead or adequately restrained while on common property.
The agreement was signed by all parties who participated in the conciliation session.
Committee members must be authorised by the majority of the committee to make decisions that would reasonably be expected at a conciliation session.
This scenario demonstrates that even when you think you have followed all the requirements of the legislation and by-laws, disputes can still arise.
Participating in the session gives the parties a better understanding of the legislation and a better understanding of each other, through communicating their perspective in a civilised manner.
Hopefully, this article has answered your questions about the conciliation process and provided an understanding that even if something seems impossible or has simply been voted against, a positive outcome for both parties can be achieved with the assistance of a trained professional.
Information Service Freecall 1800 060 119
Commissioner for Body Corporate and Community Management
This post appears in Strata News #738.
Have a question about maintenance obligations and reimbursement for damages or something to add to the article? Leave a comment below.
Read next:
- QLD Demand Ethics: An owner’s path to a better body corporate
- QLD: Q&A Applying for Conciliation – Form 22
- QLD: Resolving general meeting disputes through conciliation
This article has been republished with permission from the author and first appeared on the UOAQ website.
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