Due to the nature of community living, disputes can sometimes arise. Capitol assists our communities by providing assistance in the dispute resolution process, from initial negotiation and self resolution through to conciliation and adjudication if required.
Visit legislation + fact sheets to read the relevant legislation, or to download the various fact sheets and forms relating to dispute resolution.
In community titles schemes, most disagreements are minor and are usually best resolved by self resolution. A resolution achieved at this stage usually involves a compromise by both parties and is the most time and cost effective means of resolving a disagreement. It is also a necessary step in the dispute resolution process.
The first step in resolving any dispute is to open the lines of communication between the parties and allow both parties to understand each other’s points of view. Capitol can assist in the dispute resolution process by acting as an impartial intermediary between the disputing parties and providing guidance on the subject of the dispute.
If a dispute arises between an owner and the committee, or the committee and the body corporate, Capitol can assist by providing guidance on the steps each party should take to attempt to resolve their dispute. These steps may include writing to the other party, or proposing a motion to a committee meeting or a general meeting.
Conciliation provided by the BCCM Office
If self resolution is unsuccessful, the parties can make a conciliation application with the BCCM Office by completing the required form and paying the prescribed fee. Evidence that the parties have made a reasonable attempt at self resolution is normally required when making an application for conciliation.
The conciliation process is administered by the BCCM Office and involves either a face to face or telephone conference with the parties and an unbiased, impartial person with knowledge of the relevant legislation. The conciliator will assist the parties in their negotiation and assist with strategies to resolve the dispute.
Conciliation is often successful in resolving disputes, as the conciliator ensures that both parties are given time to express their point of view. If conciliation is successful, the terms of the negotiated outcome are documented and both parties are invited to sign. An outcome at conciliation is not binding, however in most cases the parties understand their obligations and the dispute ceases. If an agreement is not reached, the conciliator prepares a statement to that effect to confirm that the process has been undertaken.