Question: QCAT states that only the body corporate can make an application, not an owner. How does this work when the issue is about trees on common property affecting an owner’s lot?
QCAT is often mentioned as the most appropriate place to resolve tree disputes. However, QCAT states that only the body corporate can make an application, not an owner.
How does this work when the issue is about trees on common property affecting an owner’s lot?
Answer: You should be able to file a claim against the body corporate if it is affecting your property.
The QCAT process can be confusing and frustrating for people making independent filings. I’ve used it myself as an individual. Even as a person with some understanding of how the process works, I found it to be the opposite of user-friendly.
However, you should be able to file a claim against the body corporate if it is affecting your property. If your case is falling between the cracks of the definitions, it may be better to file your case with the body corporate Commissioner’s Office that specifically deals with body corporate disputes.
It may be worth engaging a solicitor to assist. This can be expensive, but they know their way around the corridors of justice.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924