Harassment, bullying and abusive behaviour can make living in a body corporate stressful and unsafe. The right response depends on what happened, who was involved and whether the conduct connects to a right, duty, by-law or other issue under body corporate legislation.
This article explains the options that may be available, when the BCCM Office can help and what you should do next.
How can you deal with harassment and bullying in a body corporate?
Harassment, bullying and abuse describe conduct rather than standalone body corporate causes of action. The BCCM Office cannot resolve every dispute described in those terms.
A dispute may fall within the body corporate dispute process when the underlying conduct involves a matter covered by the Body Corporate and Community Management Act 1997 (BCCM Act), the regulation module applying to your scheme, the community management statement (CMS), or rights and duties under them.
Start by identifying the behaviour and its effect. The issue may involve repeated noise, threatening conduct in common areas, interference with your use of your lot, abusive correspondence to the committee, or an alleged breach of a scheme by-law.
If someone is making immediate threats or you are concerned for your safety, do not approach them simply to satisfy a dispute process. Contact emergency services or Queensland Police first.
When can the BCCM Office help with behaviour disputes?
The BCCM Office’s dispute resolution jurisdiction depends on the legal issue behind the conduct. The BCCM Act provides for disputes about alleged or anticipated contraventions of the Act or CMS, and about the exercise of rights or powers or performance of duties under them.
The BCCM Office may be able to help where conduct is connected to:
- a statutory nuisance or hazard
- unreasonable interference with another lot or common property
- a breach of a registered by-law
- a decision, duty or power of the body corporate
- a contractual matter involving a body corporate manager or service contractor.
An interpersonal conflict may need to be connected to a specific legal issue before the body corporate dispute process is suitable. A complaint that a person is unpleasant, unreasonable or intimidating may not be enough on its own.
The BCCM Office does not provide legal advice about which steps an individual should take. If you are unsure whether your circumstances fit within the BCCM Act, consider obtaining advice about your options before preparing an application.
You can read more about resolving disputes in a body corporate community.
Could the behaviour be nuisance, a hazard or a by-law breach?
Some conduct may be addressed through body corporate law if it connects to a statutory nuisance or hazard, unreasonable interference, or a breach of a scheme by-law.
Nuisance is not a general catch-all for behaviour someone dislikes. The conduct must fit the relevant legal pathway and be supported by relevant facts.
Examples may include repeated conduct that substantially interferes with another resident’s use of their home, behaviour in common areas that creates a hazard, or communications that become unreasonable in their volume or effect. Whether conduct can be addressed through the body corporate depends on the circumstances.
By-laws may regulate the use and enjoyment of lots and common property. Depending on the scheme, they may cover:
- noise
- parking
- pets
- flooring
- use of common property
- communications or other activities connected with the scheme.
The by-laws need to be checked carefully. A by-law cannot be used as a broad or unreasonable prohibition on ordinary conduct. By-laws must be consistent with the BCCM Act and other legislation, must not discriminate between types of occupiers, and must not be oppressive or unreasonable.
A body corporate can consider making or changing a by-law if an existing rule does not address a recurring issue. Usually, a change requires a special resolution at a general meeting, and the new community management statement must be recorded with Titles Queensland. Recording a by-law does not automatically make it valid.
Any proposed by-law should be considered in light of its purpose and legal limits. It should address a permitted body corporate matter, rather than attempt to control personal disagreements or prevent lawful criticism.
What should you do before applying for BCCM dispute resolution?
Owners and occupiers should generally try self-resolution before applying for BCCM dispute resolution. The BCCM Act requires reasonable attempts to resolve a dispute by internal dispute resolution, although the Commissioner may accept an application in some circumstances.
Self-resolution may involve:
- speaking with the other person, if direct contact feels safe
- sending a calm written request
- writing to the committee
- submitting a motion to the committee
- submitting a motion to a general meeting.
A calm conversation or written request can be an appropriate first step. If the conduct is threatening or direct contact may put you at risk, use written communication through the committee or body corporate manager instead.
Keep the communication factual. Explain:
- what happened
- when it happened
- who was involved
- how it affected you or the scheme
- what outcome you are seeking.
Written communication can create a useful record of the issue and the steps you have taken to resolve it. Keep copies of emails, letters, messages, photographs, recordings where lawfully obtained, witness details and relevant meeting minutes.
An applicant should collect evidence showing what happened, when it happened and how it affected them. The evidence should support the specific outcome being sought, rather than simply demonstrate that the relationship has broken down.
If the matter concerns a committee decision, you may need to put your request to the committee as a motion. Under the BCCM Act, a committee must generally vote on a motion within 6 weeks, unless it has notified the owner that it needs up to an additional 6 weeks. A committee does not have to vote on a motion about the same issue submitted within the previous 12 months, or where the owner has submitted 6 or more motions within the previous 12 months.
These repeat-motion rules should be checked against the regulation module applying to your scheme before you rely on them.
If self-resolution does not resolve a dispute that falls within the BCCM Act, conciliation is generally the compulsory first step in the BCCM dispute process. Self-resolution does not guarantee that conciliation will be accepted or that it will produce an agreement.
How can a body corporate enforce its by-laws?
The body corporate is responsible for enforcing its scheme by-laws. An owner or occupier who believes a by-law is being breached can ask the body corporate to investigate and enforce it.
The committee may speak with the person informally before issuing a formal notice. This can be useful where the issue may be resolved quickly. Informal engagement is separate from the formal by-law enforcement process.
The first formal step is generally a by-law contravention notice. The body corporate usually cannot take further formal action to enforce a by-law until it has given this notice.
The type of notice depends on the circumstances:
- A continuing contravention notice may apply where the breach is continuing.
- A future contravention notice may apply where a breach has occurred and is likely to be repeated.
The notice should identify the by-law, explain the alleged breach and state what the person must do. If the person does not comply, the body corporate may be able to start proceedings in the Magistrates Court or apply for BCCM dispute resolution.
An owner or occupier who believes another person is breaching a by-law can ask the body corporate to issue a contravention notice. The request should be made using the approved notice process. If the body corporate does not respond or does not take the required action, the owner or occupier may have further dispute resolution options.
Urgent circumstances may affect the usual preliminary steps. For example, special circumstances may exist where the alleged breach creates a risk to health or safety, is causing a serious nuisance, is likely to cause injury or serious property damage, or is otherwise an emergency.
You can read more about enforcing by-laws.
What can you do about a body corporate manager or contractor?
Concerns about a body corporate manager, caretaker or service contractor can first be raised with the committee. Set out the conduct, the relevant engagement or duty, the effect on the body corporate and the action you want considered.
Body corporate legislation provides grounds for ending certain engagements with body corporate managers, service contractors and letting agents. The correct grounds and process depend on the type of engagement and the circumstances.
The body corporate should identify the relevant contractual duty, conduct or code requirement and follow the correct process for the engagement. Disliking a contractor’s communication style alone is not enough to remove them.
When should you seek police, legal or mediation support?
Contact emergency services or Queensland Police if you face an immediate threat, violence or a serious safety risk. Do not wait for a committee meeting or BCCM process where urgent safety action is needed.
For non-urgent conduct that may involve an offence, threats or stalking, consider reporting the matter to Queensland Police and keeping a record of any report or event number provided.
Legal advice may be appropriate where you need help assessing possible civil, criminal, tenancy, workplace or discrimination issues. It may also help where the conduct does not connect clearly to a body corporate right, duty, by-law or statutory obligation.
Neighbourhood mediation may help with interpersonal conflicts outside BCCM jurisdiction. It is an option rather than a compulsory step, and it may not be suitable where there is a significant power imbalance, threats or safety concerns.
Start by separating the behaviour from the legal pathway. Consider whether the matter involves nuisance, a hazard, a by-law, a committee decision, a contractual engagement or an immediate safety risk. This can help you choose the right next step.
Harassment and bullying may have a body corporate pathway when the conduct connects to a specific legal issue. Personal conflicts may need another process. Understanding the conduct, keeping relevant records and choosing the appropriate pathway can help you decide what to do next.
