Why some body corporates feel unmanageable, and what actually helps

Every building has its difficult moments, but some schemes stay difficult for years. In our Queensland webinar, Michael Kleinschmidt from Bugden Allen Group Legal and Will Marquand from Tower Body Corporate worked through seven types of difficult schemes, from apathetic owners to coercive committees. They believed a scheme is only as manageable as the people in it. They also shared practical advice for owners, committees and managers dealing with one.

Why difficult behaviour is getting worse, and why it lands on the wrong person

Will opened with the pressure managers and committees are under. A recent Strata Community Australia Queensland report found that 98% of managers had faced unreasonable conduct at work, seven in ten had seen it increase over three years, and three in four had considered leaving the industry. Committee members face the same behaviour as volunteers, he said, just without the option of walking away.

Michael put much of it down to a culture of instant, often anonymous outrage. The anger usually lands on the manager, even when the complaint is really about the body corporate. His rule from lawyer ethics training applies to everyone: don’t send the email the same day.

Apathy, empty funds and crumbling buildings have practical fixes

Apathy is the most common problem, and Michael’s rule is that the smaller the scheme, the bigger the problem. Fear tends to motivate best, so a building condition report can get owners moving, because defects only get worse. Part 5, where the manager takes on the committee’s role, suits these schemes. But it’s hard to access. Michael would like to see it loosened.

Both Michael and Will agreed that a lack of funds isn’t an excuse. Michael’s practical answer for big repairs is for the body corporate to secure a strata loan, spread over five years instead of a single special levy. His longer term idea is compulsory training for buyers, done through the electronic conveyancing process before settlement. For buildings in constant disrepair, he suggested stopping to ask whether termination on economic grounds makes sense, and identifying the “blockers” slowing rectification.

When it’s people, not buildings, the tools get sharper

For owners who ignore by-law notices, Michael now prosecutes in the Magistrates Court instead of going through the Commissioner’s Office, where Will put the official wait for an adjudication at around 22 weeks. For the owner who sends endless correspondence, a committee resolution can set a communications protocol, such as one email a week under a set word limit, with anything outside it ignored.

When an owner goes beyond difficult and starts tampering with shared property, such as switching off a pool filter, damaging fencing or interfering with security cameras, the body corporate may not be the right place to take it. Will said that kind of behaviour can be a criminal matter and should be referred to the police. Michael had seen the Queensland Police Service prosecute an owner for wilful damage in a similar situation, so it’s a real option and not a last resort.

Coercive committees are the hardest of all. Once unlawful instructions arrive, a lawyer has very limited options, and managers can resign. Owners and committee members can’t, which is why Will urged them to find other owners and take back control.

If you’re in the minority, Michael’s advice was blunt: there’s no body corporate fairy. Raise issues consistently, offer solutions and get it all on the record, so there’s a trail if things go wrong. Will’s closing advice was simple: you’re not alone, stick with the people who make sense, and ignore the noise.

Download the presentation slides

This article is based on the Lookupstrata webinar QLD: Are some body corporates unmanageable? presented by Michael Kleinschmidt and Will Marquand. You can download the presentation slides for this session here: Are some bodies corporate unmanageable?

Will is General Manager of Tower Body Corporate, which Nikki Jovicic owns. Bugden Allen Group Legal has a directory listing with Lookupstrata. As always, the content of this article is general in nature and does not constitute advice. If you are dealing with a specific matter in your scheme, please seek independent, professional advice before taking any action.