A body corporate cannot access a lot simply because it wants to. The entry power depends on the type of access, the work involved and the legislation applying to the scheme.
For most Queensland community titles schemes, the relevant legislation is the Body Corporate and Community Management Act 1997 (BCCM Act). It applies where the body corporate has a community titles scheme number and a community management statement registered with Titles Queensland. Other legislation applies to some bodies corporate, including schemes without a registered community management statement.
What work allows a body corporate to enter a lot?
If a statutory easement allows the body corporate to enter a lot to carry out work, it must give the lot owner reasonable written notice. This requirement does not apply when the need for the work is, or is in the nature of, an emergency.
The work should relate to a responsibility or right of the body corporate. For example, the body corporate may need access to complete work connected with common property or another obligation it must carry out.
Before arranging access, check the registered survey plan and the regulation module. These documents help identify the lot and common property boundaries, and whether the body corporate or lot owner is responsible for particular maintenance.
You can read more about these responsibilities in our body corporate maintenance factsheet.
A lot and an exclusive use area are different. An exclusive use area is common property allocated for a particular use, so the body corporate should identify exactly where access is proposed before relying on an entry power.
How much notice must a body corporate give before entering?
For entry under a statutory easement, the body corporate must give the lot owner reasonable written notice before entering the lot to carry out work. The notice requirement does not apply in an emergency.
The legislation does not provide a detailed notice checklist in this provision. As a practical step, a notice should explain:
- why access is needed
- the proposed date and time
- the expected duration
- who is expected to attend
- a contact person for questions.
Clear information can reduce confusion and give the lot owner an opportunity to raise concerns before the proposed work.
A notice period that applies to one type of entry may not apply to every situation. The body corporate should identify the legal basis for access and make sure the notice matches it.
Who can enter a lot on behalf of the body corporate?
The committee is responsible for the administrative and day-to-day running of the body corporate. It makes decisions on the body corporate’s behalf and puts lawful decisions into place. A body corporate manager may also be authorised to carry out some or all of the committee’s powers.
In practice, the committee should clearly record the purpose of the proposed work and the arrangements for access. The person attending may be a committee member, body corporate manager, contractor or another external person needed for the work.
The notice should identify the people or business expected to attend, particularly where a lot owner may need to arrange access or raise a safety concern. Access should be limited to the work required and to people who are needed for that purpose.
If access involves an exclusive use area, check the relevant community management statement provisions as well as the survey plan. The process may differ from entry into a lot.
What happens if the owner or occupier refuses entry?
A refusal does not necessarily resolve whether the proposed access is permitted. The body corporate should first check the work, the proposed access area and the notice given.
Ask for the following information in writing:
- the reason access is needed
- the work the body corporate says it must carry out
- the proposed date and time
- the people expected to attend
- the legal or scheme basis for the proposed access.
The owner or occupier should raise concerns promptly and explain what needs to be clarified. This may include uncertainty about maintenance responsibility, the location of a boundary, the timing of the work or the information provided in the notice.
Both sides should avoid turning an access issue into a confrontation. A written record can help the committee and the owner understand what remains disputed.
What can you do if you believe entry is unlawful?
Start by writing to the body corporate or body corporate manager. Explain why you believe the proposed entry is not permitted and state what information or change you are requesting.
Check the survey plan, community management statement and maintenance responsibilities. The body corporate and lot owners can have different responsibilities depending on the plan of subdivision and the work involved.
You must try to resolve a dispute with the other party before taking further dispute resolution steps. Self resolution can include communicating in writing, presenting a motion to the committee or presenting a motion to a general meeting.
If self resolution fails, you can apply for dispute resolution under the BCCM Act. Conciliation is normally the compulsory first step, and you will be asked to show that you tried to resolve the issue yourself.
For more guidance, see resolving disputes in a body corporate community.
A body corporate should identify the correct entry power, give reasonable written notice where required and keep the proposed work connected to its responsibilities. Checking the scheme documents and communicating in writing can help resolve access concerns before they become a formal dispute.
