What Is A Body Corporate?
A body corporate is an organisation that has been incorporated under Australian law. It may be a company, partnership, unincorporated association or trust. A body corporate is a legal entity that can enter into contracts, own property and sue or be sued in its own name.
A body corporate usually has a constitution that sets out its powers, duties and rules for members. The constitution may be written or unwritten. A body corporate may be established for a particular purpose, such as to run a business, manage property or provide services to the community.
A body corporate is governed by a board of directors or trustees. The board is responsible for making decisions about the affairs of the body corporate. Members of the board are usually elected by the members of the body corporate at an annual general meeting.
What Are Some Common Disputes?
Body corporate management can be a complex and stressful process, with many different stakeholders involved. Common disputes between owners and body corporate managers can include disagreements over fees, maintenance issues, or the use of common facilities.
There are many common disputes that can occur in a Body Corporate. One of the most common is between the owner of the property and the body corporate itself. This can happen when there are disagreements about the way the property is being managed, or over things like maintenance and repairs. Another common dispute is between owners and tenants. This can be about things like noise levels, damage to property, or even just general disagreements between neighbours. If these disputes cannot be resolved between the parties involved, then they may need to be dealt with by a mediator or arbitrator.
Body corporate managers are responsible for the day-to-day running of the property, as well as liaising with owners and tenants. They may also be responsible for organising repairs and maintenance or arranging insurance coverage.
How Can You Resolve These Disputes?
Body corporate disputes can often be resolved through mediation or conciliation.
Mediation is a process where an independent third party assists the parties in a dispute to resolve their differences. The mediator does not make decisions and cannot force the parties to agree. The role of the mediator is to help the parties identify the issues in dispute, explore options for resolving those issues and reach an agreement on how best to resolve them.
Conciliation is similar to mediation but is conducted by a conciliator who has more formal powers. For example, a conciliator may request information from either party and may require that parties attend conferences. If necessary, a conciliator can make recommendations to the tribunal or court about how the dispute should be resolved.
Who Can Help You With This Process?
Disputes between neighbours are a common occurrence, especially in high-density areas like apartments and townhouses. Body corporate disputes can be even more complex, as they often involve multiple parties with different interests. So how can you resolve these disputes?
The first step is to try to reach an agreement between the parties involved. If that isn’t possible, then mediation or arbitration may be necessary. Mediation is a process where an impartial third party helps the parties to reach an agreement. Arbitration is similar, but the arbitrator will make a binding decision if the parties cannot agree.
If mediation or arbitration doesn’t work, then the next step is to take the matter to court. This should be a last resort, as it can be costly and time-consuming. However, it may be necessary if the dispute cannot be resolved any other way.