How to Resolve a Dispute
There are clear and
straightforward methods for dealing with disputes, depending on your state and
Generally, if an issue can’t be
resolved verbally through open and honest discussions, the unhappy tenant
and/or the property owner has the option to submit a form to the body corporate advising a breach has occurred.
If the body corporateis in
agreement, then a breach notice is issued.
If the body corporate considers that a breach hasn’t occurred, then the party can make an
application to start proceedings through the court.
Note that a body corporate can also seek an order from the office of the Commissioner ofBody Corporate and Community Management, or approach the Magistrates Court.
An adjudicator appointed by the
Commissioner’s Office may issue an order stating the tenant must stop the
behavior that’s constituting the breach.
Just because the breach has been
issued, this doesn’t mean the behavior will stop.
However, the fines on offer might be a
powerful motivator: if an order issued by the adjudicator is ignored or the
breach continues, the body corporate can pursue the matter through
the courts, which can impose a maximum penalty of $44,000.
The Magistrates Court can impose a fine
if a party is deemed to be in breach of the by-laws, which can be up to $2200.
All of this represents the worst-case
scenario and there is a conciliation process that usually helps avoid going to
Most problems can be solved by having
an independent third party assist with the negotiations.
Friday, 13 November 2020