Welcome to the Office of the Commissioner for Body Corporate and Community Management’s guide to completing and lodging an online application form, for conciliation.
You can apply for conciliation only if your attempts to resolve your issue have not been successful.
The application form can be found on our website, where you can also find a written guide, practice directions and a video about the conciliation process.
The online version of the form has helpful tips, to guide you through each step.
Before you start, it is important to understand that the application and support material you provide cannot be kept confidential. The other party will be given a copy of your application which may include all owners in the body corporate. Do not include any information within your application that you want to keep private.
It’s your responsibility to provide accurate information, along with all relevant material in support of the outcome you are seeking. We can’t complete the application for you, or provide legal advice about what to include.
Be aware that once you start the form, you won’t be able to save it until the very end. So, please ensure you have all the information you need, before you start. This video will help you to prepare.
So, let’s go through the application form, step-by-step.
The first question on the form identifies the capacity in which you’re making the application. You can have multiple titles in a body corporate, so select the title most relevant to the dispute you are trying to resolve.
If you’re applying as the owner of a lot, select ‘owner’.
If you’re applying as the ‘body corporate’, you must include a copy of the minutes, or a record of the decision authorising you to apply.
Once you make a selection, the next part of your application will populate with the available options, to ensure that our dispute jurisdiction is met. This is because our office can only consider disputes between certain combinations of parties. Applications outside of our jurisdiction are rejected and the fee is non-refundable.
Next, you will identify who you are lodging the application against. Known as ‘the respondent’. This is the person, or party that you are in dispute with and seeking an order against. You will supply their full contact information later in the application. Once you make the selection, the next part of the form will populate with the options available to you. Only certain types of disputes can be considered, depending on the combination of parties.
Now, you must show that you have made reasonable attempts to resolve the dispute, directly with the respondent. This should be documented evidence, clearly addressing the outcome you are seeking in the application. So, if you want a particular outcome you need to show us that you have asked the other party for that outcome.
Relevant documents may include:
- Minutes of committee or general meetings related to the dispute.
- Notices of disputed committee or general meetings.
- Correspondence between yourself and the respondent
Your documents should be numbered and referenced within this section. Please don’t include any irrelevant material.
If you are seeking more than one outcome, you must provide evidence of self-resolution for each one.
If you haven’t attempted self-resolution, you should attempt that first before continuing with the form.
Now, let’s look at some examples of self-resolution:
Jack’s body corporate decides against him having a dog in his unit. So, Jack provides us with a copy of his request to have the dog, the minutes from the committee meeting that denied his request and any correspondence relating to the request.
Alice wants to install an air conditioner in her flat before the next hot Summer. Since the compressor would be on common property, she requests approval from the body corporate committee. But her motion is rejected. So, Alice provides us with a copy of her request to the committee, the meeting agenda and the minutes, as well copies of her correspondence with the body corporate, attempting to resolve the matter.
Lily is often kept awake by Abbey’s loud parties next door. So, she complains to Seaview (her body corporate) by sending them a BCCM Form 1. The Seaview committee writes to Abbey, asking her to stop breaching the noise by-law, which she ignores. So, they issue her with a contravention notice. When Seaview lodges a conciliation application they provide the contravention notice to us, with the minutes from the meeting authorising issue of the notice. They also provide a copy of the letter sent to Abbey, and Lily’s Form 1.
Now, what is it that you are wanting to have happen so that the dispute can be resolved?
You should include what you want the respondent to do, or stop doing, or any other action that would resolve the dispute. But only ask for things that the legislation allows.
Here’s an example of an outcome you can seek:
“My request for my dog needs to be approved by the body corporate.”
An outcome you would not be able to seek would be:
“The body corporate needs to apologise for not allowing me to have my dog and the for the distress it has caused me”.
There is no requirement under the legislation for the body corporate to apologise. Therefore, you cannot ask for that as an outcome.
If you have multiple outcomes, you should number each of them.
The background section is your chance to explain why you think the other party should agree to the outcomes you are seeking.
You should include the history of the issue in dispute and outline the sections of the legislation or the by-law you believe are being breached by the other party.
You must provide all information and evidence available, to support your application. Attach any documents that support the reasons for the outcomes you are seeking and any history.
Some examples of evidence might include:
- Building, lot, or common property plans, identifying issues or areas in dispute.
- Photos, diagrams, quotes, specialist reports and invoices.
- Emails between you and the other party or any professional advice you have received.
Do not include information you wish to keep private, as your application will be shared with the respondent which may include all the owners in the scheme.
Next, enter the name of your body corporate under ‘Name of scheme’. This is the name of your building, such as ‘Seaview’. It is not the name of your body corporate management company.
Enter the number of lots and provide your scheme’s physical address. PO Boxes are not accepted.
Then select the regulation module of your body corporate.
If your dispute is between a principal body corporate and a subsidiary body corporate, you should provide the principal body corporate details.
If you're unsure of any details, your body corporate manager may be able to help, if you have one. Or visit the Titles Queensland website to obtain a copy of your community management statement, at www.titlesqld.com.au.
Next, insert the body corporate secretary’s name, address, phone number and email. We need this information to communicate with the body corporate throughout the process.
You can find the secretary’s details on the most recent general meeting minutes. Or you can check with your body corporate manager, if you have one.
If your scheme doesn’t have a secretary, select ‘No’.
Now, insert the body corporate manager’s name, address, phone number and email, so we can communicate with the body corporate throughout the process.
Body corporate documents, such as levy notices, may include their details.
If your scheme doesn’t have a body corporate manager, select ‘No’.
Next tell us more about the respondent. This is the person, or party, you are in dispute with, identified earlier in this form.
If you are disputing a decision that the committee has made, the body corporate should be entered as the respondent.
Now you need to provide your preferred postal address, phone number and email. You also need to provide the lot number and the body corporate’s plan type and number, which can be found on your scheme’s survey plan (‘Building’ or ‘Standard’ Format Plans are the most common). If you don’t know these details, you can ask your body corporate manager, or visit the Titles Queensland website to obtain a copy of the survey plan, at titlesqld.com.au.
If you're applying as the owner, your details must match those recorded with Titles Queensland.
If applying on behalf of the owner, you must provide evidence of your authority to represent them. Their name should be entered as the ‘owner’ and your name entered as the ‘contact’.
If the lot is owned in the name of a company, organisation or corporation, you must enter the full name of the registered legal entity as the ‘owner’ and provide the name of an authorised company nominee as the ‘contact’.
If you're applying as the body corporate or committee, the ‘contact’ should be entered as ‘The body corporate or body corporate committee for…’ then the building name’. For example, ‘The body corporate committee for Seaview’.
And you should provide a copy of the meeting minutes, acknowledging body corporate approval to lodge this application.
Affected parties are all persons impacted by the order that you are seeking.
An example is when you lodge an application against the body corporate because the by-laws were not enforced against another owner. You may want to name the other owner as an affected party in the dispute.
List all names and contact details here.
It is up to the Conciliator to decide whether they invite the affected party to the conciliation session.
Now, select whether you are the named applicant or are applying on behalf of the applicant, in which case you must specify your relationship to them. You should also attach any documents that provide you with the authority to lodge.
If you are lodging on behalf of a company, you need to prove that you are the authorised nominee, perhaps by providing the relevant ASIC details.
The final step is to acknowledge that the information supplied is not false or misleading. Under the Act, the supply of false or misleading information or documents in relation to a dispute application, is an offence.
Once you have successfully completed the application form, you need to download and save it.
Review the information entered, then email the application, with all referenced documents attached, to bccm@justice.qld.gov.au
And lastly, pay the application fee. Visit our website for current fees and payment instructions. Once your application is lodged and the fee has been paid, it will not be refunded. We will not progress your application until the fee has been paid.
If you have any questions about the legislation, you can submit them online. Just Google ‘BCCM online enquiry’. Submit your enquiry, and The Information and Community Education Unit will respond, in writing.
For further information about conciliation, including guides and forms, just Google ‘BCCM Conciliation’.
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