Body Corporate Law
A body corporate typically refers to a group of property owners in a multi-unit building, such as an apartment complex, who have come together to form a legal entity responsible for the maintenance, management, and administration of the common areas and facilities of the building. Common areas are those areas that are available for all occupants to use and include lifts, stairways, gardens, and swimming pools, etc. Each property owner is a member of the body corporate scheme and is usually required to pay a fee to the body corporate to cover the costs of managing the building and maintaining its facilities.
Legislation
Body corporate law in Queensland is governed by the Body Corporate and Community Management Act 1997 (BCCMA). The BCCMA sets out the rights and obligations of owners and occupiers and provides a framework for the management and administration of such schemes.
Body Corporate Committee
The body corporate is made up of all lot owners in the scheme, who are each entitled to vote on matters affecting the scheme. The BCCMA sets out the procedures for holding meetings and making decisions, and requires that certain decisions, such as the adoption of a budget or the making of a by-law, must be approved by a special resolution, which requires a higher level of support than an ordinary resolution.
Under the BCCMA, the body corporate is responsible for the management and administration of the common property and has a range of powers and duties in relation to the scheme. These include the power to make and enforce by-laws, the duty to maintain and repair the common property, and the duty to insure the scheme.
Dispute Resolution
The BCCMA also provides for the resolution of disputes between lot owners and the body corporate, or between lot owners themselves. The Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction to hear and determine disputes relating to community titles schemes and can make orders and issue directions to resolve disputes.
By-Laws
One of the key aspects of body corporate law in Queensland is the making and enforcement of by-laws. By-laws are rules that govern the use and enjoyment of lots and common property, and can cover a wide range of issues, such as noise, pets, and parking. By-laws must be reasonable and must not be discriminatory or oppressive. The BCCMA sets out the procedures for making and amending by-laws and provides for the enforcement of by-laws through the imposition of fines and penalties.
Finances
Another important aspect of body corporate law in Queensland is the management of the scheme’s finances. The body corporate is responsible for preparing an annual budget, which sets out the expected income and expenditure for the scheme and must be approved by the lot owners. The body corporate is also responsible for collecting levies from lot owners to cover the costs of maintaining and repairing the common property, as well as other expenses such as insurance and administrative costs.
Body corporate law in Queensland is a complex area of law that governs the rights and obligations of lot owners and the body corporate in relation to community titles schemes. We have a detailed knowledge of the laws and regulations affecting such schemes and can help bodies corporate, managers, developers and individual owners with a range of matters including:
- advising committee members on their powers
- preparing, reviewing and interpreting by-laws
- negotiating, reviewing and advising on building agreements
- advising and assisting with contractual or building disputes
- body corporate disputes
- representation at tribunals or court
If you need assistance, contact [email protected] or call 0403 017 636 for expert legal advice.