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  • #12056
    AvatarLosezama
    Flatchatter

    In Queensland we currently see:

    Owners being defamed/spoken about/written and bad mouthed in Minutes by the BCM, caretakers and committees when they speak out about committee breaches of the Act.

    Next, committees use body corp funds to legally pursue Owners who refuse to back down from the principles of law. In other words, BC funds are Owners funds and our funds are used against us, and to sue us, and to intimidate us etc. This is so wrong!

    Then often the Body Corp & Community Management (BCCM) Commissioner’s Adjudicators backs the lawyers version (even when it is untrue) and agrees with the unlawful committee, even when individual Owners are in the right! This seems to happen often, and may be because lawyers are connected to the Attorney General’s office and so is the BCCM….they collude.

    How do we fix this unfair situation when the legal industry is hell bent on making a buck at any Owner’s expense?

    OR, can we develop a list of NAME & SHAME those who collude, and do wrong by Owners?

Viewing 4 replies - 1 through 4 (of 4 total)
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  • #30738
    AvatarGeorge M
    Flatchatter

    Did you make a submission to the 2016 QUT Property Law Review of the BCCM Act which would have given you the opportunity to detail the issues you raised above?

    If you are unhappy with your committee, take your dispute to the Commissioner’s Office.

    Don’t forget that when you deal with the Commissioner’s Office of the BCCM, the requirement is the burden of proof lies with those lodging a complaint.

    It is not up to the adjudicator or your body corporate committee to make your case for you. And your case must be based on a correct interpretation of the legislation. Which is why some applicants and respondents seek legal advice and assistance in writing their submissions to the Commissioner’s Office.

    The adjudicators who make rulings and orders on body corporate disputes can be retired silks, QC’s and the like. They are not dills. Nor can they afford to be slack in their adjudications which can be appealed in higher courts with the potential for a loss of legal prestige, bad press, etc.

    If you are unhappy with an adjudication, you can lodge an appeal with QCAT which deals with complex legal issues above BCCM level. There you will be able to state your case either in person in a court room or over the phone. Get a knock back from the judge, senior member, member, adjudicator or justice of the peace at QCAT and you can progress to the Supreme Court.  

    But if you go on to the Supreme Court you will be up for some serious costs. So beware of lawyers who don’t give you a frank assessment of your chances of success.

    And, if it’s a serious question of law, you can go all the way to the High Court provided you have really deep pockets. It’s not inconceivable that you could be out of pocket to the tune of around $300K and still not get the result you want.

    If you are unhappy with the BCCM legislation, lobby your local State MP, the State Attorney-General and the Premier. 

    Like the lawyers and accountants you know who’d never live in strata in Queensland, perhaps you should consider if apartment living is for you. That’s what I’d do.

    If you want to look further, google “Bullying in Strata Hynes Legal”. That should give you a choice of a law firm’s article on a chairperson bullying a caretaker and its webinar on bullying in strata.

    #30808
    Jimmy-TJimmy-T
    Keymaster

    @zerobullying said:
    … can we develop a list of NAME & SHAME those who collude, and do wrong by Owners?  

    You are going to accuse lawyers and tribunal members of colluding against you?  Hope you have plenty of money to cover the defamation suits.

    As Confucious said, when seeking revenge, remember to dig two graves.

    #30812
    AvatarLosezama
    Flatchatter
    Chat-starter

    Well, what do members of Flat Chat advise?

    How do we deal with an unfair BCCM Act and system that says it supports Owners, but in reality often supports the rich end of town, or those with financial interests?

    I know lawyers (non-body corp) and accountants who now declare that they will never live in body corp again in Qld.

    #30821
    AvatarLosezama
    Flatchatter
    Chat-starter

    Thanks George, I’m still learning about strata and so did not make a submission to the QUT review.

    The legislation is designed to support owners but owners are lay persons and ‘most’ do not have the skills and ability to deal with the legislation and courts? It’s far too complex and legalistic for most people, and it fails to support the people it should! There is no humanity in that.

    Bullying is everywhere these days. And it’s not just school kids doing it! But Owners can not take a complaint to the Fair Work Commission, only employees can  (re article you referred to above).

    There was a photo in the Qld Courier Mail (and online) of a bruised and battered Barrister who was punched by a lawyer.

    I think I’ll steer clear….

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