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[Flame Tree (Qld)]

A person in my building has gone full Karen on the committee after feeling, rightly so, that they have been doing the wrong thing regarding fixing her apartment’s bathroom after water ingress from the roof and by the cracked in-slab pipework.

I thought the owner had to do the usual steps as I believe are outlined in the Qld Act: approach the committee (which she did and they didn’t do the right thing by any of us – her, and us paying for it), then seek adjudication if still required (and I’m sure the committee would get their rightful pants-kicking), and then if still not sorted, go seek enforcement if still unresolved. She tells me her solicitor is by-passing all that to raise hell in court-action pending, but that seems in my mind not possible if the steps I mentioned are not first followed in correct order.

Can anyone tell me if she can do that, or if they can only on some specific issues, or must she follow the set trail? We are Queenslanders.

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[kaindub]

The court will soon inform this women and her solicitor whether they have to adhere to any prescribed process.

In NSW you have to take matters through NCAT. Some owners have gone direct to the supreme court. They won but the court did not award them costs because they went about it the wrong way.

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[Jimmy-T]

kaindub wrote:

The court will soon inform this women and her solicitor whether they have to adhere to any prescribed process.

Will they? As you say, in NSW the “winning” side has been penalised for not following correct procedure AFTER the decision was handed down.

I am told that the tribunals and processes in QLD are, at best, unreliable and decisions can be inconsistent.  I think what Flame Tree is looking for here is any evidence that by-passing the system has worked in the past.

I can see why.  I’m reminded of the decision regarding short-term letting where a QLD adjudicator said he was ignoring the on-point precedents of both the highest court in WA and the Law Lords in the UK, in favour of a dubious ruling in a case with very specific and irrelevant issues from a tribunal in Sydney.

 

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[Flame Tree (Qld)]

OP here. I’ve recently spoken to the Commissioner’s Office. It seems I’m generally right, that the first-things-first process will usually be required by direct participants, but there are some instances where other representatives can be involved and the usual process skipped. Lawyering up may or may not be money well spent in the initial stages if representation won’t be allowed first up. Google ‘Practice Directions of BCCM Queensland’ for the ‘information on the procedures and content for dispute resolution applications lodged with the Office of the Commissioner for Body Corporate and Community Management.’ Cheers, C.

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