#30738
George M
Flatchatter

    Did you make a submission to the 2016 QUT Property Law Review of the BCCM Act which would have given you the opportunity to detail the issues you raised above?

    If you are unhappy with your committee, take your dispute to the Commissioner’s Office.

    Don’t forget that when you deal with the Commissioner’s Office of the BCCM, the requirement is the burden of proof lies with those lodging a complaint.

    It is not up to the adjudicator or your body corporate committee to make your case for you. And your case must be based on a correct interpretation of the legislation. Which is why some applicants and respondents seek legal advice and assistance in writing their submissions to the Commissioner’s Office.

    The adjudicators who make rulings and orders on body corporate disputes can be retired silks, QC’s and the like. They are not dills. Nor can they afford to be slack in their adjudications which can be appealed in higher courts with the potential for a loss of legal prestige, bad press, etc.

    If you are unhappy with an adjudication, you can lodge an appeal with QCAT which deals with complex legal issues above BCCM level. There you will be able to state your case either in person in a court room or over the phone. Get a knock back from the judge, senior member, member, adjudicator or justice of the peace at QCAT and you can progress to the Supreme Court.  

    But if you go on to the Supreme Court you will be up for some serious costs. So beware of lawyers who don’t give you a frank assessment of your chances of success.

    And, if it’s a serious question of law, you can go all the way to the High Court provided you have really deep pockets. It’s not inconceivable that you could be out of pocket to the tune of around $300K and still not get the result you want.

    If you are unhappy with the BCCM legislation, lobby your local State MP, the State Attorney-General and the Premier. 

    Like the lawyers and accountants you know who’d never live in strata in Queensland, perhaps you should consider if apartment living is for you. That’s what I’d do.

    If you want to look further, google “Bullying in Strata Hynes Legal”. That should give you a choice of a law firm’s article on a chairperson bullying a caretaker and its webinar on bullying in strata.