Body corporate disputes are common, and usually arise in one of three ways: between unit owners themselves; within the body corporate committee; or between an owner/s and their neighbour. These can be a frustrating time for those involved, and it’s important to try to resolve them in a way that preserves your relationship with the other party.

Generally, the first step in resolving a dispute is to self-resolve through contacting and communicating with the other person and their representatives. This is often the most effective and quickest way to get the ball rolling, and should be done as soon as possible.

If the problem is not resolved, or if it becomes more difficult to settle through self-resolution, then your next step should be to consider alternative means of dispute resolution. These can include consulting external mediators or going to court.

When considering these options, it is best to be realistic about what’s at stake and whether the other party is genuinely interested in resolving the issue. This is especially true if the dispute involves a lot of money or a complex legal issue.

The process of resolving these disputes can vary from scheme to scheme but should always involve a conciliatory approach, where the parties work together to find a resolution that is mutually acceptable to both sides. This is a good way to maintain healthy relationships and avoid arguments that can derail your community title (also known as strata) scheme.

Getting the right kind of advice is also vital in settling body corporate disputes. A good lawyer will be able to advise you on the different avenues of dispute resolution available and can help you determine the best course of action for your specific situation.

Establishing an internal dispute resolution system in your body corporate committee is a key tool for preserving relationships and preventing arguments from spiralling out of control. It also encourages debate and allows for the discussion of multiple viewpoints to help reach a solution that works for all parties involved.

Resolving disputes internally will save time and money in the long run, as it is a more cost-effective method of resolving disputes. However, if your dispute has become particularly acrimonious, it may be worth consulting outside mediation services to help get things back on track and avoid having the matter escalated to a court case.

In Queensland, body corporate disputes can be referred for conciliation or adjudication with the Office of the Body Corporate and Community Manager (BCCM). The BCCM will provide a list of practice directions and guides which set out the rules and processes for resolving body corporate disputes.