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Body Corporate Matters

South-East Queensland's Leading Body Corporate Lawyers

Navigating the intricacies of Body Corporate laws and regulations requires access to seasoned and dynamic lawyers who can deliver the right outcomes promptly. We understand the significance of reliable advice and quick action in this complex field.

Our body corporate lawyers exclusively practice in Queensland and have years of accumulated knowledge and experience.

It's common for individuals involved with bodies corporate to be unaware of their legal obligations and this includes for body corporate committee members. Engaging RHC Solicitors ensures you stay informed about legal requirements, as well as necessary legislative procedures in relation to management obligations.

Our core focus is to provide unparalleled services, delivering quality advice and robust representation to our clients in order to help them interpret and understand the law, aid them in comprehending their rights and obligations as well as safeguard their rights effectively.

We believe in a pragmatic approach to dispute resolution, relying on mediation and conciliation to find workable solutions. Our extensive experience enables us to swiftly identify crucial issues and offer practical advice, often leading to cost-effective resolutions. If mutual resolution becomes unattainable, our team of lawyers are well-versed in all aspects of litigation, from adjudication and tribunal proceedings to Magistrates and District Court proceedings, as well as appeals.

Our reputation extends beyond serving individual clients who are in a body corporate. We frequently provide expert advice and assistance to committees, reflecting our proficiency and recognition as industry body corporate lawyers.

Recovering Outstanding Body Corporate Levies

The financial stability of a body corporate heavily relies on the prompt payment of body corporate levies by lot owners. Delinquent payments can cause significant financial strain on the body corporate, and often leads to hardship claims, refusal to make payment and otherwise.

Since 1983, RHC Solicitors have been Southeast Queensland’s strongest and most progressive body corporate lawyers. We are dedicated to assisting body corporates recover unpaid levies, and have extensive experience in the debt recovery process. This includes acting for major inner-city body corporates, as well as smaller more local residential buildings.

From issuing letters of demands, to issuing legal proceedings for the recovery of levies, as well as legal costs and warrants (redirecting a debtor’s income to seizure and sale of assets), and winding up applications of corporate entities, our primary focus is on delivering desirable results.

Body Corporate Disputes

Living in a body corporate poses unique challenges and difficulties from unhappy lot owners to lot owner disputes against committees.

Where a dispute arises, the preferred initial approach to resolving issues is through discussions between the parties involved. If this proves unsuccessful, the matter can be brought up for open discussion during a body corporate meeting or a lot owners forum.

Litigating Unresolved Body Corporate Disputes

If no resolution is reached, recourse is available by making a dispute resolution application to the Office of the Commissioner, Body Corporate and Community Management (BCCM). The Commissioner's Office typically holds jurisdiction in most disputes concerning body corporates, and obtaining a certificate from the Commissioner is often necessary before being able to commence the litigation process.

Conciliation is crucial and often a legislative requirement prior to escalating a matter to the Commissioner. It is akin to mediation where all parties participate, preferably in person or by telephone, or webcam. Like any alternative dispute resolution process, it requires a degree of compromise and willing to move forward amicable from all parties involved to reach a settlement.

Unfortunately, if the conciliation process does not yield any results, the matter may be referred for adjudication through the Commissioner’s office. Referring a matter to an Adjudicator often necessitates legal assistance to effectively frame the allegations or complaint and achieve a desired outcome.

At RHC Solicitors, we have extensive experience assisting body corporates with dispute resolution and referring matters to the Commissioner for BCCM, as well as enforcing an Order of an Adjudication in the Magistrates Court of Queensland. We also have experience in representing both lot owners and body corporates in the District, Supreme Court, and Court of Appeal. We have successfully handled cases involving enforcement of Adjudicator's Orders, recovery of outstanding levies, appealing an Adjudicator's Orders, contractual disputes, criminal proceedings, and holding rogue committee members and managers to account for their actions.

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