BODY CORPORATE HEARINGS: WHAT OWNERS SHOULD KNOW BEFORE A DISPUTE ESCALATES

Disputes within a body corporate can quickly become stressful and disruptive.  Whether the issue involves levies, by-law enforcement, maintenance obligations, or  decision-making authority, unresolved disagreements can affect not only individual  owners but the entire scheme. Understanding how body corporate hearings work is  often the first step toward an effective resolution. 

Common Disputes That Lead to Hearings 

Body corporate hearings often arise from disagreements about unpaid levies, alleged  breaches of by-laws, access to common property, maintenance responsibilities, or the  validity of body corporate resolutions. In many cases, the dispute escalates because  communication has broken down or procedural requirements have not been followed  correctly. 

The Importance of Process and Evidence 

Body corporate hearings are more formal than many owners expect. Strict procedures  often apply, including requirements around notice, time limits, and supporting  evidence. Failing to comply with these requirements can weaken an otherwise strong  position. Clear documentation, accurate records, and a well-structured argument are  critical to achieving a favourable outcome. 

Why Early Advice Matters 

Many disputes reach a hearing stage because issues were not addressed early or  were handled informally without a clear understanding of the governing legislation and  by-laws. Early legal advice can help clarify rights and obligations, assess the strength  of a position, and, in some cases, resolve the issue before a hearing becomes  necessary. 

Possible Outcomes of a Hearing 

A body corporate hearing may result in orders requiring action to be taken or stopped,  resolutions being declared invalid, or contributions being paid. These decisions are  often binding and can have ongoing implications for owners and committees, making  it important to approach the process carefully and strategically.

Body corporate disputes can be complex, but they do not have to become  unmanageable. Understanding the hearing process and seeking advice early can  make a significant difference to both the outcome and the cost involved. 

At Gittins Attorneys, we assist owners, committees, and managers with body corporate  disputes and hearings, providing clear advice and practical representation at every  stage.