INFORMATION BULLETIN
DISPUTE RESOLUTION
Office of the Commissioner for
Body Corporate and Community Management
Disputes in Community Title Schemes can range from those relating to the administration of a
body corporate (for example, meeting procedure or property maintenance issues) to disputes
about breaches of by-laws such as parking infringements on common property.
The Commissioner’s Office provides a low cost service for resolving disputes which are within the
guidelines set down in the Act. These include disputes between:
The owner or occupier of a Lot and the owner or occupier of another lot in the scheme; or
The owner or occupier of a lot and the body corporate for the scheme; or
The body corporate and Strata Manager for the scheme; or
The committee and a committee member
The dispute resolution process:
Step 1 – Make an application
Obtain the application form from the Commissioner’s Office or from the web site. Make sure all
relevant parts of the form are completed, all relevant information about the dispute is attached,
and that the form is signed and dated. Lodge the completed form (and the prescribed fee) with
the Commissioner’s Office.
Step 2 – Written submissions
The Commissioner may invite the body corporate and other persons to make a written
submission in response to an application.
The applicant, the body corporate, or a person who has made a submission responding to the
application may apply to the Commissioner to inspect, and/or obtain copies of the application and
all submissions on payment of a fee.
After inspecting or obtaining copies of submissions, the applicant may lodge a written reply to
submissions within the time specified by the Commissioner. The reply should not raise new
issues. Other parties do not have a right of reply.
Step 3 – Dispute resolution recommendation
The Commissioner makes an assessment of the most effective way to resolve the dispute. The
possible dispute resolution recommendations are:
Mediation and conciliation:
These recommendations are designed to encourage discussions between
the parties, with a view to entering into an agreement to resolve the dispute.
Adjudication:
Many disputes are determined by a formal written order made by a departmental adjudicator
within the Commissioner’s Office. A complex or technical matter may be referred to an
independent specialist adjudicator.
Step 4 – Dispute resolution
The dispute is resolved using one of the aforementioned alternatives.
An order made by an adjudicator may be enforced in the Magistrate’s Court.
Parties who are dissatisfied with the decision of an adjudicator may appeal to the District Court
on a question of law, within 6 weeks of the date on which they receive the decision.
** The information provided in this bulletin should be interpreted as a guide only.