Queensland Body Corporate Commissioner: Information, community education and conciliation at BCCM

This article about the Queensland Body Corporate Commissioner provides an overview of Nathan Francey and Tim Goulding, Office of the Commissioner for BCCM’s presentation at our recent live event, Demand Ethics, held on the Gold Coast. The talk provided attendees with an insightful look into the services and functions of their office. Nathan, representing the Information and Community Education unit, and Tim, a conciliator from the disputes side, detailed how the BCCM office can assist body corporate committees and individual owners in Queensland.

QLD: Commissioner for what? Information, community education and conciliation at BCCM

Queensland Body Corporate Commissioner

Nathan began by introducing the BCCM office and its two main sections: Information and Community Education, and Disputes. He highlighted that while the full title is long, they prefer to be called the “BCCM office”. Their contact details are available by searching “BCCM Queensland” online, which leads to their website. The office offers a call back service on weekdays between 8:30 am and 3 pm. You can access this service on 1800 060 119. A team of seven are available to answer questions and provide general information about body corporate and the legislation. If you prefer written responses, written inquiries are also accepted. Nathan clarified that the BCCM office is not an investigative body. They do not visit body corporates or investigate problems; they rely on the information provided to them.

Nathan also touched upon the relationship between owners, committees, and body corporate managers. He noted that owners often deal with their body corporate manager for many duties, such as handling meeting minutes and sending notices. However, he stressed that the manager does not take over the owner’s job. Owners who want to be involved and perform these duties themselves still can.

Which regulation module?

A key piece of information for all body corporate members, according to Nathan, is knowing which regulation module applies to their scheme. This is important because different modules apply to different body corporates. The regulation module is found on the Community Management Statement (CMS). A copy of the CMS can be obtained from Titles Queensland for a fee or potentially from the body corporate committee or manager, as it should be in the body corporate’s records. Owners should also receive a copy when they purchase their unit. The CMS also contains the body corporate’s bylaws, which cover various topics like pets, parking, and noise. Understanding survey plans is also vital, as they show lot boundaries versus common property.

Disputes and conciliation

Following Nathan, Tim spoke about the disputes side of the BCCM office, specifically focusing on conciliation. He is one of five conciliators in the office, with four being legally trained and one having a psychology background; all have completed mediation courses. Tim explained what conciliation is not: conciliators are not decision-makers, they are not biased, and they will not tell parties what to do. Instead, conciliation sits between mediation (where no information is given) and adjudication (where a binding order is made). Conciliators provide parties with information about the legislation, adjudicators’ decisions, bylaws, and the registered plan. This information helps parties understand the factual situation and the relevant legal context.

The conciliation process is typically conducted online or via phone and requires up to 3 hours, although discussions can sometimes exceed this time. The goal is to keep the process informal, facilitating a conversation, exploring issues, and helping parties generate options. The desired outcome is a written agreement entered into by the parties.

Tim provided statistics on the dispute resolution process:

• After the initial case management process, conciliation is typically scheduled in about four weeks.
• If the matter is not resolved in conciliation, adjudication may take approximately 36 weeks.
• The office conducts about 750 conciliations per year.
• Their resolution rate, including either partial or full agreements, is around 70%.

Regarding the main topics for dispute, Tim noted that common disputes arise between committee members or between the committee and owners, often revolving around procedures or the way things are done versus simply getting the job done. Interpersonal conflicts stemming from rudeness or personal insults can be particularly difficult to resolve. Tim also highlighted that water issues are a primary source of disputes within body corporates.

Why contact the Queensland Body Corporate Commissioner Office?

A body corporate committee or owner in Queensland would contact the BCCM (Office of the Commissioner for Body Corporate and Community Management) office for several key reasons related to information and dispute resolution.

• Seeking General Information: The Information and Community Education unit within the BCCM office is available to provide great general information about body corporate and the legislation. They can hopefully help you sort out any issues you’ve got by answering questions. This can be done via their call back service on weekdays or through written inquiries. Written inquiries can be particularly useful as the response can be taken back and shown to the committee. They might also provide information on bylaws, which are included in the CMS and cover topics like pets, parking, and noise.
• Seeking Assistance with Issues and Disputes: The BCCM office offers assistance with committee and owner issues . For disputes, they have a dedicated disputes section with conciliators. Conciliation is typically the first step before adjudication for a dispute.
• Participating in Conciliation: If a dispute arises, stakeholders can engage in conciliation through the BCCM office. During conciliation, the conciliators (who are not decision-makers, biased, or will tell parties what to do) provide information about the legislation, adjudicators’ decisions, bylaws, and the registered plan to help parties understand the factual situation and relevant legal context. The process is informal, aiming to facilitate a conversation, explore issues, and help parties generate options, with the goal of reaching a written agreement. The office handles topics such as disagreements over procedures, interpersonal conflicts, and water issues. They also encounter schemes that may not have followed correct procedures over time. The resolution rate for conciliation is around 70%.

Conclusion

Ultimately, the Queensland Body Corporate Commissioner office empowers owners and committees by offering the knowledge and tools necessary to navigate the body corporate landscape, resolve conflicts constructively, and promote better understanding within their communities. Utilising the resources provided by the BCCM, whether for information or dispute assistance, is a crucial step for stakeholders seeking to ensure their schemes are run effectively and harmoniously.

Presenters

Tim Goulding and Nathan Francey
Office of the Commissioner for Body Corporate and Community Management
P: 1800 060 119 (freecall)

Presentation slides

Download the slide pack from today’s presentation here: Demand Ethics: An SEQ Owner’s Path to a Better Body Corporate

This post appears in Strata News #741.

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Read next:

• QLD: A recent adjudication order highlighting body corporate general meetings
• QLD: Conciliation process and its benefits

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