Good communication supports effective body corporate management and can help prevent disputes. Clear, respectful communication gives owners, occupiers and committee members a better chance of resolving issues before they become harder to manage.
How should you communicate in a body corporate?
Living close to other people means your actions can affect neighbours. Noise, water runoff, pets, improvements and the use of common property can all cause tension when expectations are unclear.
Residents should be considerate of noise and other impacts on neighbours. You should also remember that common property can be used subject to the scheme’s by-laws and relevant legislation. By-laws can regulate the use and enjoyment of lots, common property, body corporate assets, services and facilities.
When raising a concern, start with the least confrontational option that suits the situation.
You could:
- speak with the other person politely
- send a short, factual letter or email
- explain the effect of the issue instead of making personal accusations
- suggest a practical solution
- keep a record of the communication.
A polite letter or friendly conversation may resolve a minor issue without escalation. For example, a neighbour may not realise that noise is travelling through a shared wall or that water from a balcony is affecting another lot.
Be specific about what you want to happen. “Please keep the noise down” may be less useful than explaining which noise is causing the concern, when it usually occurs and what change would help.
If the issue involves a safety risk, serious nuisance, threats or potential damage, do not rely on an informal conversation alone. Keep records and consider asking the committee or your body corporate manager to help identify the appropriate process.
How can an owner raise an issue with the committee?
If an issue needs a committee decision, put your request in writing. Explain:
- what has happened
- why the issue affects you or the body corporate
- the action you want taken
- any relevant dates, photographs, quotes or other documents
- whether the matter is urgent.
A clear request helps the committee understand the issue and avoids repeated correspondence. It also gives you a useful record of the steps you have taken.
If you want the committee to make a formal decision, submit a motion instead of sending a general complaint. A motion should state the specific action you want the committee to take. For example:
> That the committee obtain 2 quotes for repairing the damaged section of common property and provide the quotes to owners for consideration.
You can read more about decision-making timeframes for bodies corporate and prepare your request so it can be considered through the correct process.
The committee may not be able to decide every matter. Some decisions are restricted to the body corporate at a general meeting, including decisions about changing owners’ rights, privileges or obligations and matters requiring a particular type of resolution.
If the committee cannot decide the issue, ask whether it should be submitted to a general meeting instead. Your body corporate manager can also help clarify the next step.
What should committee members communicate to owners and occupiers?
The committee is responsible for the administrative and day-to-day running of the body corporate, making decisions on its behalf and putting lawful body corporate decisions into place.
Committee members should communicate courteously and professionally. Committee membership does not give members authority to police or harass residents. It is also not a reason to become involved in residents’ private lives unless the issue is relevant to the body corporate’s responsibilities.
Good committee communication is usually:
- factual and relevant
- directed to the appropriate person
- clear about the decision or action being considered
- consistent with the committee’s authority
- respectful, even when the committee disagrees with an owner.
It may help to acknowledge that a request has been received and explain what will happen next. This does not require a long response to every issue. A short update can help owners understand whether the matter is being considered, needs more information or must go to a general meeting.
Owners should also receive useful information about committee decisions. For schemes under the Standard Module, the committee must keep full and accurate minutes and records of motions. The secretary must give committee members and owners who are not committee members copies of minutes and records of motions, generally within 21 days of the relevant meeting or decision.
Committee members should receive the communications and information they need to perform their roles. Keeping the committee informed helps members make decisions based on the same information and reduces misunderstandings.
The committee should also be careful when dealing with a conflict of interest. A committee member must disclose a direct or indirect interest that could conflict with the proper performance of their duties and must not vote on a motion involving that interest.
A conflict should be managed through the required disclosure and voting process. The committee should record the disclosure and the member’s non-participation in the decision where appropriate.
What are the rules for committee motions and decision timeframes?
The process and timeframe for a committee motion depend on the regulation module applying to your scheme. The following process applies to schemes under the Standard Module. Check your scheme’s regulation module before relying on a particular timeframe.
A member of the body corporate can submit a motion to the secretary for consideration by the committee. The committee must decide the motion as soon as reasonably practicable and within 6 weeks after it is submitted.
If the committee needs more time, it can give written notice before the end of the first 6-week period. The notice must explain why more time is needed and specify a reasonable further period of no more than 6 weeks. This creates a maximum decision period of 12 weeks in the circumstances allowed by the regulation.
A committee does not have to decide a motion if the owner submitted a motion about the same issue in the previous 12 months or submitted 6 or more motions in that period. If the committee does not decide a motion for one of these reasons, it must give written notice explaining why.
A motion must not be decided if it concerns a restricted issue, conflicts with the BCCM Act, the regulation module, the by-laws or an earlier motion, or would otherwise be unlawful or unenforceable.
If the committee does not decide a motion within the initial or extended decision period, the motion is taken not to have been agreed to. This is different from a decision on the merits of the request, so the owner may need to consider whether the matter should be raised at a general meeting or through another available process.
Committee members can also vote outside a committee meeting. For a standard motion, written notice must be given to committee members, and votes must generally be provided within 21 days. The motion is decided if the required voting outcome is reached within that period.
When communicating about a motion, avoid describing a lack of response as approval. Keep track of when the motion was submitted, whether an extension notice was given and when the decision period ends.
How can your body corporate resolve communication problems early?
Self-resolution should generally be attempted before formal BCCM dispute resolution. It can include communicating with the other party in writing, presenting a motion to the committee or presenting a motion to a general meeting.
A body corporate can develop voluntary internal processes to support communication. These might include:
- a nominated first contact for routine questions
- regular committee information updates
- a meeting with the people directly involved
- mediation between residents
- a process for recording and responding to motions
- agreed expectations for respectful communication.
Any internal process should be practical and consistent with the legislation, the regulation module and the scheme’s by-laws. It should not replace a statutory process where one is required.
If a meeting is arranged, keep the discussion focused on the issue and the outcome sought. Give each person a reasonable opportunity to explain their position and record any agreed action. A committee member who has a conflict of interest should not take part in deciding the issue.
Self-resolution can be faster and may help preserve working relationships. However, it is not appropriate to delay action where there is a risk to health or safety, serious damage to property, violence or another emergency. The BCCM Act allows preliminary self-resolution steps to be dispensed with for an urgent interim order where special circumstances apply, including a risk to health or safety, serious nuisance or an emergency.
Formal applications can make relationships harder to repair, but that should not stop you from using formal dispute resolution when self-resolution is unsafe, inappropriate or unsuccessful.
When can by-laws or formal dispute resolution help?
By-laws can regulate conduct and the use of common property, but they have limits. A body corporate can make or change by-laws through the required community management statement process, and a new or changed by-law must be recorded with Titles Queensland.
A by-law cannot be inconsistent with the BCCM Act or another Act. It must not discriminate between types of occupiers, impose a monetary liability except where permitted for an exclusive use by-law, or be oppressive or unreasonable.
A body corporate should not create a communication rule simply because correspondence is inconvenient. Any proposed by-law should address a matter that can properly be regulated and should be reviewed for validity before it is submitted for approval. You can read more in by-laws explained.
Existing by-laws may support action where the issue involves a genuine contravention, such as unreasonable use of common property or conduct that affects another occupier’s use and enjoyment. The body corporate may have a process for issuing a contravention notice where the circumstances indicate that a by-law breach will continue or be repeated.
The BCCM Act establishes formal dispute-resolution pathways for community titles schemes. The Office of the Commissioner for Body Corporate and Community Management can deal with disputes about contraventions, the exercise of rights or powers and the performance of duties under the Act or community management statement.
Before making most applications, a person must be directly concerned with the dispute and have made reasonable attempts to resolve it through internal dispute resolution.
For many disputes, the first formal step is conciliation. A conciliator helps the parties negotiate their own resolution, usually through a meeting or teleconference.
Keep copies of letters, emails, motions, meeting minutes, photographs and other relevant records. If you make an application, you may need to show what you asked for and the steps taken to resolve the issue.
Good communication means raising issues clearly, responding reasonably and using the appropriate body corporate process when informal discussions are not enough. If you need help understanding the next step for your scheme, contact StrataCare at reception@stratacare.com.au.
