Body Corporate and Sectional Title Dispute Attorneys

The Community Schemes Ombud Service is a statutory dispute resolution body for community schemes, including sectional title schemes. It can conciliate and adjudicate many disputes involving levies, conduct rules, governance and scheme administration. Not every property dispute is suitable for CSOS, so jurisdiction should be checked.

A body corporate may recover levies and may be entitled to interest and reasonable collection costs depending on the scheme rules, resolutions and applicable law. Owners should not ignore levy statements. Bodies corporate should ensure that charges are properly authorised and accurately recorded.

Trustees manage day-to-day affairs, but some decisions require owner approval or special resolutions under the rules and legislation. The validity of a decision depends on the type of decision, notice, quorum, voting and the scheme documents. Minutes and notices should be reviewed.

Conduct rules usually regulate nuisance, pets, parking and use of common property. The first step is often written complaint and internal enforcement. If unresolved, CSOS may be appropriate. Evidence such as dates, photos and correspondence is important.

Responsibility depends on whether the issue arises from a section, common property, exclusive use area or owner conduct. The scheme's plans, rules and technical evidence may be needed. Delay can increase damage and create disputes about causation.

Disconnection is legally sensitive and depends on the facts, the service arrangement, rules, court orders and constitutional considerations. Bodies corporate should obtain advice before disconnecting services. Owners facing disconnection should seek advice urgently.

CSOS adjudication orders may be enforceable, subject to the procedures and the type of order. If a party refuses to comply, further steps may be needed. An attorney can advise on enforcement, appeal or review options.

Owners and trustees should keep a written record and escalate through the trustees or body corporate process. The management agreement and scheme governance documents may determine responsibilities. Persistent non-response may require a formal demand, trustee intervention or CSOS relief.

Rules can be amended, but proper procedures, voting thresholds and filing requirements must be followed. Rules should not be unreasonable or inconsistent with legislation. Legal review is recommended before adopting or challenging rules.

Withholding levies can create further arrears, interest and legal costs. In some cases, payment under protest or a structured approach may be safer while the dispute is addressed. The best approach depends on the basis of the dispute and the documents.