Disputes in a layered scheme
Disputes within layered schemes may seem more complex than those in standard schemes, but the process is similar.
You can find helpful illustrations and diagrams of layered arrangements in schedule 1 of the Body Corporate and Community Management Act 1997.
Disputes about a breach of the legislation
After attempting to resolve the issue yourself, a dispute can be resolved through conciliation or adjudication through our office.
Disputes in a layered arrangement could be between:
- a subsidiary body corporate and the principal body corporate
- a committee member of the principal body corporate and the committee of the principal body corporate
- a committee member of the principal body corporate and the principal body corporate
- different subsidiary bodies corporate within the principal scheme
- a subsidiary body corporate and the owner or occupier of a lot within the principal scheme that is not a subsidiary body corporate
- a principal body corporate and the owner or occupier of a lot within the principal scheme that is not a subsidiary body corporate.
An owner, occupier or committee member within a subsidiary scheme cannot lodge a dispute about a breach of the legislation against:
- a principal body corporate or another subsidiary body corporate
- the owner or occupier of a lot in the principal scheme
or
- another subsidiary scheme.
Disputes about a breach of by-laws
The information on by-law enforcement applies to by-law enforcement disputes between:
- a principal body corporate and an owner or occupier of a principal body corporate lot (which could be a subsidiary body corporate)
- an owner or occupier of a principal body corporate lot (which could be a subsidiary body corporate) and another owner or occupier of a principal body corporate lot (which could be a subsidiary body corporate) about a principal body corporate by-law
- a subsidiary body corporate and an owner or occupier of a lot within the subsidiary body corporate
- an owner or occupier of a lot and another owner or occupier of a lot within the same subsidiary body corporate.
Owners and occupiers in different bodies corporate
By-laws may be enforced against owners and occupiers throughout the layered arrangement by:
- a different subsidiary body corporate within the layered arrangement
- an owner or occupier in a different subsidiary body corporate within the layered arrangement.
However, the by-law being enforced must be a by-law that is binding on both parties to the dispute.
The lot owner, lot occupier or subsidiary body corporate seeking by-law enforcement must send a notice of contravention (form 1) to the other owner or occupier’s subsidiary body corporate.
If the subsidiary body corporate does not tell the complainant within 14 days that a contravention notice has been issued, the complainant can apply for conciliation against the person they believe is breaching the by-laws.
Read more about by-law enforcement.
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