COMMON STICKING POINTS AND HOW TO ADDRESS THEM – Smart Strata | Body Corporate Management
COMMON STICKING POINTS AND HOW TO ADDRESS THEM
Body corporate communities often face challenges that can slow progress or lead to disputes. These “sticking points” arise when people struggle to agree on decisions or resolve issues. Understanding these can help prevent conflicts from escalating and foster smoother resolutions.
- Acting “reasonably”
Section 94 of the Body Corporate and Community Management Act 1997 requires bodies corporate to act reasonably in all decisions. However, “reasonable” doesn’t always mean “what one person thinks is fair.” Instead, it’s about objectively evaluating all relevant facts and balancing individual and community interests.
Tip: Think of decision-making like baking a cake—ensure you have all the right “ingredients” (facts), avoid adding the wrong ones, and don’t leave anything important out.
- Peaceful use and enjoyment
Balancing competing rights—such as quiet enjoyment versus lifestyle needs—can be tricky. Noise, pets, short-term letting, and shared spaces are common sources of tension, often exacerbated by differing lifestyles, cultural expectations, or tolerance levels.
Tip: List concerns and explore reasonable compromises. For ongoing issues, document the type, frequency, and duration of incidents.
- Lack of transparency in decisions
While it’s not a legal requirement to provide reasons for decisions, when committees or general meetings make decisions without explaining the reasons, it can lead to mistrust and disputes. Even lawful decisions may feel unfair if they lack transparency.
Tip: Provide clear, written explanations for decisions to build trust and reduce conflict.
- Flawed decision-making processes
Disputes often arise over how decisions are made, such as whether proper procedures were followed, or sufficient notice was given. Even minor procedural errors can lead to challenges.
Tip: Before disputing a decision, consider whether the outcome would have been different if the process had been followed.
- Record-keeping and access
Poor record-keeping can create confusion and mistrust. Owners may assume the worst if records are incomplete, unclear, or inaccessible.
Tip: Maintain accurate, accessible records and provide them promptly when requested. If withholding records, ensure there’s a valid legal reason and consider redacting sensitive information.
- Responsibilities and spending
Disagreements often arise over who is responsible for maintenance or whether body corporate funds should cover certain expenses. Financial pressures and differing priorities can heighten tensions.
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- Adapt to Change
Evolving building standards, technology, and social norms can create friction between those seeking progress and those preferring the status quo. For example, installing electric vehicle chargers is a growing challenge for many communities.
Tip: Focus on long-term benefits and communicate openly to build support for change.
- By-law enforcement
Selective or overly public enforcement of by-laws can lead to personal disputes. Poor communication often worsens the situation.
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Sticking points are a natural part of community living, but they don’t have to lead to conflict. By recognising common challenges and addressing them early with clear communication, fairness, and collaboration, body corporate communities can navigate issues more effectively.
Resources are available on our website, or you can write to us online.
Article Contributed the Commissioner for Body Corporate and Community Management.