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EP013 - Chris Irons - Best Practice And Tips In Managing By - Law Disputes

By Marc J. Mercier

In the 13th Episode of Let’s Talk Strata, the second interview with the Body Corporate Commissioner for Queensland, Chris Irons, comes back again to further elaborate on common disputes that occur on a daily basis in a Community Titles Scheme. Topics covered include discussion on: • Recap on statutory limitation periods for Body Corporate debt recovery and a review of the recent Court of Appeal case of Body Corporate for Mount Saint John Industrial Park Community Title Scheme 18632 v Superior Stairs & Joinery Pty Ltd [2018] QCA 173. Chris discusses the statutory requirements and processes involved in recovery such as payment plans against the backdrop of the Body Corporate’s requirement raise necessary funds, and to act reasonably in the process; • Chris talks about the need for Committees and lot owners alike to seek to resolve underlying issues that might be the precursor to disputes precipitating later – Where Chris talks about the need to “cleanse the well”; • Short term letting and a review of the QCAT Case Body Corporate for Hilton Park CTS 27490 v Robertson [2018] QCATA 168; • Prescribed process for addressing by-law breaches and the need to properly evidence a breach before taking action; • Other breaches are explored in the context of Adjudication decisions and other decisions– parking, visitor parking, noise, hard flooring, smoking, towing; • Smoking nuisances and the difficulties in establishing breach and sufficient evidence of nuisance (Norbury v. Hogan [2010] QCATA 027); • Towing and best practice for a Body Corporate considering this course of action; • Best practice tips to managing disputes generally, requirement for reasonableness in decisions of the body corporate, and no-go zones for the body corporate to be mindful of when managing disputes; • The role of Conciliation and Adjudication in finding resolution; • Chris discusses the BCCM Commissioner’s Office and collaborative initiatives with other Government and non-Government agencies to address common issues in strata; • Preventative dispute resolution steps prior to making Conciliation and Adjudication applications, and the need to understanding the underlying issues to a dispute and “narrowing the focus”. • Chris provides advice on accessing the Newsletter and webinars from the Commissioner’s Office in relation to the above issues, and a great many more. Contact details: Subscribe here to the Commissioner's office Newsletter, Common Ground: • Contact the Commissioner’s office: • Phone: 1800 060 119 • Website: BCCM Webinar series: •

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