THE COMMITTEE LIFECYCLE PART 3 – DISPUTE RESOLUTION PROCESSES

Welcome to Part 3, the final instalment of the Lifecycle of a Committee series.

Great news! Almost all the actions taken in Part 2 were successfully resolved, and Sesame Street remains a lovely place filled with sunny days and friendly neighbours.

However, there is one exception — Oscar the Grouch is not responding well to the breach notice regarding his trash can being placed on common property without the right of exclusive use. He is pushing back, insisting no one has previously complained and that he joined the committee specifically to address the real issue: people constantly banging on his trash can.

With guidance from their Body Corporate Manager (BCM), Big Bird explains that there are two possible paths forward:

Option 1: Informal dispute resolution

Oscar has the option to propose a change to the Community Management Statement (CMS) to grant him exclusive use of the area where his trash can is located. If he submits this request, the proposal could be put forward as a motion at the next general meeting.

For this motion to pass, it would require a resolution without dissent — meaning unanimous agreement among voters (abstentions would not count).

If successful, Oscar will need to sign a written agreement outlining his maintenance responsibilities for the area. The updated CMS, including the new exclusive use by-law, would then need to be registered with QLD Land Titles within two months of approval. The change would take effect from the date of registration.

However, this process isn’t without cost. The expenses are also unbudgeted.

Since Oscar would personally benefit from the change, Count von Count recommends that he cover the expenses, which include:

• Calling a general meeting.
• Engaging a lawyer to draft the agreement.
• Amending the CMS.
• Lodging the new CMS with QLD Land Titles.

Option 2: Formal dispute resolution

If informal negotiations fail, Oscar (or the committee) can escalate the matter through formal dispute resolution with the Office of the Body Corporate Commissioner:

1. Conciliation – A Form 22 can be lodged to attempt to reach a mutually agreeable solution through mediation.
2. Adjudication – If conciliation is unsuccessful, an application for adjudication (Form 15) can be submitted. However, before proceeding, the committee needs to pass an ordinary resolution at a meeting to appoint a lawyer to act on the body corporate’s behalf.

This process requires disclosure to owners, gathering evidence and ultimately an order being issued, or dismissed. While the Commissioner has limited powers to impose fines or award damages, a ruling can be enforced through the Magistrates Court, which may issue fines and allow for appeals.

Ultimately, Option 2 is significantly more costly and time-consuming than Option 1.

A committee decision

Big Bird, Count von Count and Oscar agree to bring both options to the next committee meeting for discussion.

When the meeting commences, tensions are high — not only is Oscar an ordinary committee member, but the discussion directly impacts his home. Big Bird and Count von Count feel a pang of guilt, wondering whether the issue is worth pursuing over such a small section of common property. However, they remind themselves that they are simply following the rules and ensuring fairness for all owners. With the BCM assisting Big Bird in chairing the meeting, the committee reaches a resolution:

• Oscar agrees to proceed with Option 1 — submitting a request to modify the CMS for exclusive use.
• The committee agrees to install a small sign near Oscar’s trash can kindly requesting that residents refrain from banging on it.

Looking ahead

With this issue resolved, the committee schedules their next two meetings, including:

• A budget committee meeting to set next year’s budget.
• The Annual General Meeting (AGM).

To streamline decision-making, the committee also assigns specific responsibilities:

• Cookie Monster to oversee pet applications.
• Mr Snuffleupagus to review lot improvement applications and ensure proper documentation.
• Bert to handle complaints and by-law enforcement instructions.

Final thoughts

Every committee operates differently, and disputes will always arise in community living. What matters most is handling them fairly, professionally and with the shared goal of maintaining a harmonious community.

Having an experienced Body Corporate Manager can make all the difference — guiding committees through complex situations and ensuring Sesame Street (or any scheme) remains a place of sunny days and friendly neighbours.

Thank you for following the series!

This brings us to the end of our three-part Lifecycle of a Committee series. We hope you’ve enjoyed following the journey of the Sesame Street CTS committee — from appointments and by-law enforcement to dispute resolution.

Stay tuned for future insights, and as always, keep looking after your community!

Article contributed by Nicky Lonergan, Managing Director, Archers the Strata Professionals