This article is about how tenants in a Queensland body corporate can resolve disputes by first attempting self-resolution before lodging a formal dispute application.
Renting a unit in a community titles scheme (CTS) has an additional layer of governance that does not exist when renting a traditional stand-alone property.
Most tenants are unaware that, as occupiers, they have rights and obligations under the Body Corporate and Community Management Act 1997 (BCCM Act) in addition to those regulated under the Residential Tenancies and Rooming Accommodation Act 2008 (RTA Act).
Self-resolution of disputes as an occupier
If issues arise when renting in a property in a CTS and a tenant is not able to resolve them themselves, they may lodge a dispute application under the BCCM Act against another occupier, an owner, or the body corporate of the scheme.
The types of issues that occupiers can resolve through our office include by-law enforcement, common property maintenance, accessing body corporate records and request for animal approvals. Most tenants, understandably, may not be as involved in the body corporate, and the most common disputes we deal with are in relation to pet applications, and other by-law breaches.
If you are a tenant and find yourself in a dispute within your CTS, it is important that you make attempts to resolve any disputes yourself before lodging a dispute application with our office.
Any disputes you may have with the owner of your lot or letting agent may be dealt with under the RTA Act and you should contract the Residential Tenancies Authority for further advice.
Self-resolution of disputes
Self-resolution includes any reasonable steps taken by you to try and resolve an issue with the body corporate, lot owner, or other occupier before making an application with our office.
This is a compulsory step under the BCCM Act, and you will need to include evidence of your attempts with your dispute application.
Attempts at self-resolution can include:
- communicating with the other party in writing to request that the issue be resolved
- presenting a motion to the committee
- presenting a motion to the annual general meeting
- sending a BCCM Form 1 Notice to body corporate of a by-law contravention to the committee.
You can use our BCCM Form 37a Self-resolution form with an owner and/or occupier, or our BCCM Form 37b Self-resolution with the body corporate, to help you know what to write.
What is needed to satisfy self-resolution under the BCCM Act will vary depending on the issue you want resolved. For example, if the dispute relates to common property maintenance that falls within the body corporate’s responsibility, writing to the committee and asking them to consider your request is the most appropriate form of self-resolution. Alternatively, if the dispute involves enforcing a by-law, you must give a BCCM Form 1 to the committee to demonstrate that you have attempted self-resolution.
By-law enforcement through self-resolution
If you are seeking to have a by-law enforced, you must follow the enforcement process in the Act to meet our office’s self-resolution requirements. After receiving the BCCM Form 1, the body corporate has 14 days to decide whether to issue a contravention notice to the person you have alleged has breached the by-laws. If the body corporate does not respond, or unreasonably refuses to issue a contravention notice, you may then lodge a conciliation application with our office against the body corporate, as the by-law has not been enforced.
If you want to bring a dispute application against an owner or another occupier, you must first attempt to resolve the by-law breach with them directly. The best way to do this is by writing to them, advising them of which by-law they are in breach of and asking them to remedy the breach.
Body corporate decision making
If you want the body corporate to make a decision on something, you need to ask the committee. You can write directly to the committee and do not need to go through your landlord or letting agent.
The legislation does not provide for a tenant proposing a motion but that doesn’t mean that you can’t make your request in the form of a motion. You can use our BCCM Form 36 – Motion to the body corporate or read more about drafting motions on our website.
The legislation also does not provide for a specific timeframe for the committee to respond to tenants’ requests (except for requests for an animal). However, when an owner submits a motion for consideration, the committee must vote on the motion within six weeks unless they have notified the owner that they need an additional six weeks. Tenants could use this timeframe for owners as a guide for what is considered a reasonable time to expect a response to their request.
The committee does not need to consider the motion if there has already been a motion submitted by the same person on the same issue, or if the person had submitted six or more motions within the last 12 months.
If the issue requires a general meeting resolution, you can ask the committee to put your motion on the agenda for the next general meeting. There is no provision that states a tenant can submit a motion for a general meeting, but the body corporate must act reasonably.
Another option to ensure your motion is considered, is asking the owner of your lot to propose the motion on your behalf.
If the committee do not respond to your request within a reasonable timeframe or your request is denied, you may lodge a conciliation application with our office.
Don’t forget you may also need to ask the landlord for approval.
Animal approvals
Most bodies corporate have a by-law that requires owners and occupiers to ask for approval to keep an animal.
You need to ask in writing. You can use our BCCM Form 31 – Request to keep or bring an animal on scheme land to do this. The committee may sometimes set reasonable conditions on your approval, such as keeping the animal on a lead or adequately restrained on common property.
The committee has 21 days to consider your request. If you do not receive a response within that time, your animal is deemed approved.
If the committee denies your request, you may consider lodging a conciliation application with our office.
Don’t forget you may also need to ask your landlord for approval.
Dispute resolution application
Following the by-law enforcement process, or writing to the body corporate to make a request, is important because it demonstrates you have attempted to resolve the dispute as required under the BCCM Act.
For disputes involving owners or other occupiers, you must show that you have tried to resolve the dispute directly with the person you are in dispute with, preferably in writing.
If you cannot resolve the dispute and you need to make a dispute application with our office, you will need to provide evidence that your self-resolution efforts directly relate to the outcome you are now seeking. For example, if you are asking for another occupier to stop causing a nuisance or hazard, you need to show that you have asked that owner to stop the behaviour causing the issue.
You should note that the person or entity you are trying to resolve your dispute with, will become the named respondent in your dispute application.
Tenants need to remember that self-resolution is a compulsory first step in resolving disputes when living in a CTS. There are specific steps that must be followed to meet the legislative requirements before lodging a dispute application with our office, which should only be used as a last resort.
Commissioner for Body Corporate and Community Management P: Information Service Freecall 1800 060 119
This post appears in Strata News #782.
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Read next:
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- QLD: Q&A Power to Stop Short Term Rentals in our Building
This article has been republished with permission from the author and first appeared on the Commissioner for Body Corporate and Community Management website.
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