Body Corporate Disputes and Conflict Resolution
Resolving issues between owners, tenants, and committees.
Disagreements happen in every community, and body corporates are no exception. Whether it is a noise complaint, a dispute over maintenance, or a disagreement with the committee, there are clear processes for resolving issues. This page explains your options from informal resolution through to formal adjudication. If your scheme needs a manager who handles disputes professionally, get 3 free proposals from our partners.
What are the most common body corporate disputes?
The most frequent disputes involve noise, parking, pets, by-law breaches, maintenance responsibilities (who pays for what), levy arrears, use of common property, and disagreements between owners and the committee about decisions or spending. Most of these can be resolved without going to a tribunal if both sides are willing to communicate.
What should I do first if I have a dispute?
Start with a direct conversation. Many disputes arise from misunderstandings that can be cleared up with a polite, face-to-face chat or a written message. If the issue involves a by-law breach, report it to the committee or your body corporate manager. Keep your communication factual and avoid escalating emotions. Document everything in writing in case you need to take the matter further.
What role does the body corporate manager play in disputes?
The body corporate manager can help by issuing by-law contravention notices, facilitating communication between parties, advising the committee on the correct process, and helping to arrange mediation if needed. The manager does not take sides. Their role is to ensure the proper process is followed and that the body corporate meets its legal obligations.
What is a by-law contravention notice?
A contravention notice is a formal written notice issued by the body corporate to a person who has breached a by-law. It identifies the breach, asks the person to stop the behaviour or fix the issue, and warns of possible consequences if the breach continues. It is the first formal step in enforcement and gives the person a chance to comply before the matter escalates.
What is conciliation or mediation?
Conciliation and mediation are informal dispute resolution processes where an independent third party helps the people involved reach an agreement. The mediator does not make a decision. They guide the conversation and help both sides find common ground. In Queensland, the Body Corporate Commissioner offers a free conciliation service. In NSW, NSW Fair Trading provides mediation for strata disputes.
Is mediation compulsory before going to a tribunal?
In Queensland, you must attempt conciliation before you can apply for adjudication. The Commissioner’s office will facilitate this. In NSW, mediation through Fair Trading is recommended and often required before the matter can proceed to NCAT. The idea is to resolve the dispute at the lowest level possible before escalating to a formal hearing.
What is adjudication? (QLD)
Adjudication is the formal dispute resolution process in Queensland, handled by the Body Corporate and Community Management Commissioner’s office. If conciliation fails, either party can apply for adjudication. An adjudicator reviews the evidence and makes a binding decision. This process is less formal and less expensive than going to court. Most body corporate disputes in Queensland are resolved through adjudication.
Dealing with a dispute in your scheme?
A professional manager can help de-escalate disputes and guide the committee through the proper process. If your current manager is not handling disputes well, it might be time to look at other options.
What is NCAT and how does it handle strata disputes? (NSW)
NCAT (NSW Civil and Administrative Tribunal) is the tribunal that handles strata disputes in New South Wales. If mediation through Fair Trading does not resolve the issue, either party can apply to NCAT. The tribunal can make binding orders including requiring compliance with by-laws, imposing penalties, ordering maintenance work, and resolving financial disputes. NCAT is more formal than mediation but less formal than a court.
How much does it cost to lodge a dispute?
In Queensland, conciliation through the Commissioner’s office is free. Adjudication applications have a small filing fee. In NSW, mediation through Fair Trading is free. NCAT application fees vary depending on the type of matter. In both states, the formal dispute resolution process is designed to be accessible and much cheaper than going to court.
Can the body corporate take legal action against an owner?
Yes. The body corporate can take action against lot owners for unpaid levies, persistent by-law breaches, damage to common property, or other violations of the legislation. This usually starts with informal attempts to resolve the issue, then formal notices, then dispute resolution or tribunal proceedings. Court action is a last resort but is available if needed.
Can an owner take action against the body corporate?
Yes. If the body corporate fails to maintain common property, mismanages funds, makes an unreasonable decision, or breaches its obligations under the legislation, a lot owner can lodge a dispute. The process starts with raising the issue with the committee, then moving to conciliation or mediation, and if necessary, adjudication or a tribunal hearing.
What orders can an adjudicator or tribunal make?
Orders can include requiring a person to comply with a by-law, imposing a financial penalty, requiring the body corporate to carry out maintenance, ordering the payment of compensation, amending or revoking a by-law, and terminating a management agreement. The specific powers depend on the legislation in your state, but the tribunal has broad authority to resolve disputes fairly.
How long does the dispute resolution process take?
Timelines vary. Conciliation or mediation can often be arranged within a few weeks. In Queensland, adjudication applications are typically decided within 2 to 4 months. In NSW, NCAT timelines depend on the complexity of the matter and current caseloads. Simple matters are resolved faster than complex financial or maintenance disputes. The sooner you lodge, the sooner the process begins.
What if the dispute involves a neighbour, not the body corporate?
If the dispute is about a by-law breach (like noise or parking), the body corporate is responsible for enforcement and you should report it to the committee or manager. If the dispute is a personal matter between neighbours that does not involve the body corporate’s rules, you may need to use community mediation services or, in serious cases, seek legal advice independently.
Can I withhold my levies if I am in a dispute?
No. You must continue paying your levies regardless of any dispute you have with the body corporate. Withholding levies puts you in breach of the legislation and can result in penalty interest and debt recovery action against you. If you believe levies are unfair or funds are being mismanaged, pursue the matter through the proper dispute resolution channels while continuing to pay.
Get a manager who resolves issues before they escalate
Good managers prevent most disputes from reaching the formal stage. If your scheme keeps ending up in conflict, it might be time for a fresh approach. See how it works or get started below.
Explore more topics
- By-laws and Living Rules – the rules that often trigger disputes
- Committees and Decision Making – how decisions are made and challenged
- Maintenance and Repairs – common source of disputes over who pays
- Owners and Tenants – disputes involving tenants and their obligations
Browse all topics on the Knowledge Hub, or meet our management partners.
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Primary sources and further reading
The information on this page is drawn from the following primary sources. Use these for the definitive legal position in your jurisdiction.
Queensland
- Body Corporate and Community Management Act 1997 (Qld)
- Queensland Government, Body corporate information
- Queensland Civil and Administrative Tribunal (QCAT)
New South Wales