Question: Is a dispute between two bodies corporate about the use of a shared easement dealt with through BCCM, QCAT, or another process?
I am the chairperson of one body corporate in a complex with five separate bodies corporate. We are in dispute with another body corporate over the use of a shared easement where bulk refuse bins are left for collection.
The body corporate is ignoring long established bin collection protocols and leaves bins out for a week or more after collection, instead of returning them to their building. They say this is for cost cutting, but it creates odour issues and affects residents’ quiet enjoyment. Is this type of dispute dealt with through the BCCM dispute resolution process, QCAT, or another forum or process?
Answer: You want to keep it at the BCCM level. Otherwise, you may need a special resolution to initiate any enforcement proceeding.
This can be messy.
The argument could be a mix of what is acting reasonably, the rights under an easement, what the PBC by-laws provide and what the PBC might be doing with respect to enforcement of them. I always am a bit wary of ‘it’s always been that way’ arguments. Just because something has been done for an extended period does not necessarily make it part of the contractual or legal obligations. It’s definitely one for legal advice, and you would want to keep it at the BCCM level, as otherwise, you may need a special resolution to initiate any type of enforcement proceeding.
This post appears in the April 2026 edition of The QLD Strata Magazine.
Frank Higginson Redchip Strata Law E: FrankH@redchip.com.au P: 07 3193 0500