How do I resolve a strata dispute in Queensland?

Multiple avenues exist to solve strata disputes in Queensland, ranging from informal discussions between the disputing parties to formal legal action.

Much will depend on the nature of the dispute.

Aggrieved parties are usually advised to initially seek an informal resolution without resorting to formal processes. A calm and considered conversation with practical solutions to a perceived problem can often avert the need to escalate a dispute.

If this approach is unsuccessful, the issue can be raised at a body corporate level.

If the problem is a breach of by-law, such as noise, the body corporate can issue a by-law contravention notice.

Disputing parties, including a lot owner in dispute with the body corporate, can apply to the BCCM Commissioner’s office for conciliation. However, parties must demonstrate that they have already tried to resolve the issue.

If conciliation is not appropriate or does not resolve the dispute, the issue can be elevated to a formal adjudication application. These orders are legally binding.

Some disputes can only be resolved by the Queensland Civil and Administrative Tribunal (QCAT) or a Court, requiring evidence and likely legal representation. This final option can be time-consuming and expensive.

Further reading

• How do I lodge a dispute with the BCCM?
• What is the role of the Office of the Commissioner for Body Corporate and Community Management (BCCM)?
• Disputes & Litigation
• Solving management rights disputes
• Commissioner’s Office jurisdiction is not unlimited
• There’s more than money at stake to pursue a case
• Interview with a (former) BCCM Adjudicator