Body corporate communities often face challenges that can slow progress or lead to disputes. These “sticking points” arise when people struggle to agree on decisions or resolve issues. Understanding these can help prevent conflicts from escalating and foster smoother resolutions.
Common sticking points and how to address them
- Acting “reasonably”
- Peaceful use and enjoyment
- Lack of transparency in decisions
- Flawed decision-making processes
- Record-keeping and access
- Responsibilities and spending
Section 94 of the Body Corporate and Community Management Act 1997 requires bodies corporate to act reasonably in all decisions. However, “reasonable” doesn’t always mean “what one person thinks is fair.” Instead, it’s about objectively evaluating all relevant facts and balancing individual and community interests.
Tip: Think of decision-making like baking a cake—ensure you have all the right “ingredients” (facts), avoid adding the wrong ones, and don’t leave anything important out.
Balancing competing rights—such as quiet enjoyment versus lifestyle needs—can be tricky. Noise, pets, short-term letting, and shared spaces are common sources of tension, often exacerbated by differing lifestyles, cultural expectations, or tolerance levels.
Tip: List concerns and explore reasonable compromises. For ongoing issues, document the type, frequency, and duration of incidents.
While it’s not a legal requirement to provide reasons for decisions, when committees or general meetings make decisions without explaining the reasons, it can lead to mistrust and disputes. Even lawful decisions may feel unfair if they lack transparency.
Tip: Provide clear, written explanations for decisions to build trust and reduce conflict.
Disputes often arise over how decisions are made, such as whether proper procedures were followed, or sufficient notice was given. Even minor procedural errors can lead to challenges.
Tip: Before disputing a decision, consider whether the outcome would have been different if the process had been followed.
Poor record-keeping can create confusion and mistrust. Owners may assume the worst if records are incomplete, unclear, or inaccessible.
Tip: Maintain accurate, accessible records and provide them promptly when requested. If withholding records, ensure there’s a valid legal reason and consider redacting sensitive information.
Disagreements often arise over who is responsible for maintenance or whether body corporate funds should cover certain expenses. Financial pressures and differing priorities can heighten tensions.
Tips:
- Understand your maintenance obligations.
- Determine maintenance responsibility based on the format plan, the location and cause of the issue which may need an investigation or report.
- Get professional quotes (two, if possible).
- Follow proper processes for approving expenditures.
Evolving building standards, technology, and social norms can create friction between those seeking progress and those preferring the status quo. For example, installing electric vehicle chargers is a growing challenge for many communities.
Tip: Focus on long-term benefits and communicate openly to build support for change.
Selective or overly public enforcement of by-laws can lead to personal disputes. Poor communication often worsens the situation.
Tips:
- Enforce all by-laws equally
- Start with informal, respectful conversations to resolve breaches before escalating.
Sticking points are a natural part of community living, but they don’t have to lead to conflict. By recognising common challenges and addressing them early with clear communication, fairness, and collaboration, body corporate communities can navigate issues more effectively.
This post appears in Strata News #800.
Commissioner for Body Corporate and Community Management P: Information Service Freecall 1800 060 119
