Can a body corporate recover unpaid levies?
In Queensland, a body corporate is obliged by law to recover unpaid contributions. Debt recovery can begin immediately after the lapsed due date. If a debt has not been repaid for two years, by legislation the body corporate must begin debt recovery action within two months of that date. The body corporate can lodge a debt dispute with the Queensland Civil and Administrative Review Tribunal (QCAT), or through the courts.
A body corporate or a lot owner can apply to the office of the Commissioner for Body Corporate and Community Management for conciliation to try and reach an agreed outcome of a debt dispute. However, if debt recovery action has already begun through QCAT or a court (or starts before conciliation is finalised), the dispute cannot be conciliated.
A lot owner who is unfinancial cannot vote on most body corporate resolutions or nominate for committee.
Further reading
Get real strata advice from lawyers with real experience.
People often tell us that we don’t seem like lawyers. We make a point to have real conversations with our clients in everyday language. At our core, we know that success is built on relationships.
