The Body Corporate Committee is responsible for setting the tone and amenity of a strata building. In a perfect world, the Committee ensures disputes are handled before bridges are burned.
At Strata Mastery we always recommend raising concerns face to face. Keep an open mind and attempt to understand the other parties’ perspective. This approach enables both parties to recognise whether there is simply a lapse in communication or a need for further exploration of the issue. A review of the policy in place or perhaps referral to both participants legal obligations.
If this fails, the following five steps should be followed…
1. Keep Calm:
Approach your concerns in a non-confrontational manner, remaining calm and polite. This is key, whether you are communicating verbally or written, to prevent the dispute escalating.
2. Tell the Committee:
It is the responsibility of the Caretaker to supervise and monitor the adherence of by-laws and it is the responsibility of the Committee to enforce the by-laws. If issues persist, it is a wise move to advise the Committee of any disputes, in case legal action does occur down the line.
3. Take Documentations:
Document what has been said and actioned as a security caution in case the dispute does escalate. Think of this as added security to ensure you are able to prove your words or actions and protect yourself against any false allegations.
4. Strata Dispute Resolution Mediation:
Enlist the help of Strata Mastery to mediate discussions. You can enlist professional help at any point in the dispute. This is a sure way to set boundaries and focus on overcoming your dispute amicably.
5. Third Party Intervention (Legal Measures):
Refer to The Body Corporate and Community Management Act (BBCMA). The BBCMA offers a legislative process for disputes that take place between the following parties;
Two lot owners included in the scheme
Owner or occupier of a lot and Body Corporate
Caretaking service contractor and Body Corporate
Letting agent and Body Corporate
Committee member and Body Corporate
If the mentioned steps have proved the dispute to be unresolvable then the final step is a legal third party intervention. The purpose of this is to help parties clearly identify the issues in the dispute, help develop strategies to deal with the issues and finally to negotiate a mutually satisfying settlement. Strata Mastery can recommend a suitable legal authority to best assist with your specific dispute.
Strata Mastery Solutions To Disputes
Strata Mastery offers support for clients involved in Strata disputes, we hold years of experience representing both owners and owner corporations.
Our first approach is always to try and resolve the dispute informally through mediated discussion with both parties and if this fails the BCCMA legislation will be professionally followed.
Strata Mastery can help with every step of the dispute process to ensure you are fairly represented and receive the best possible outcome.
Disputes can cause emotions to run hot and often go round in circles as either side becomes more concerned about their ego and less concerned about resolving the initial dispute.
It must be noted that disputes often arise out of misunderstandings, misguided or misinformed lot owners, body corporate committee members, caretaking service contractors on the roles and responsibilities of stakeholders and rely upon generic (as opposed to site specific) approach to
This is why involving the help of a third party, removed from the situation, such as Strata Mastery is the best step forward in reconciling and satisfying both sides of the conflict.
Strata Mastery only deliver one-on-one or Scheme specific training courses and fully customised management tools to minimise body corporate disputes.
Enlisting professional help can resolve a conflict before things turn really ugly. No dispute is too complicated or too easy for our team of experts at Strata Mastery.
If you have any concerns or questions surrounding Strata Dispute Resolution please get in contact with us today at: 07 3861 1432