QLD repair delays - boundary fence - advice please best action forward

[whitecap24]

hi, if any experts can recommend best action forward

having delays with the body corp repairing the boundary fence in the backyard. looking for advice how best to proceed from here.

Since April this year (after numerous problems with the body corp management company), I have been given the direct mobile phone number of the chairperson of the committee to deal directly with. I spoke with her in May and she said she will look at contacting a different fencer. I have not heard back since, the fence repair is still not complete. Im feeling frustrated, yet I don’t want to burn a bridge with the chairperson who is another owner in the complex. So wondering how best to proceed.


background

-lodged initial request to repair fence in November 2017.

-fencer came out in February only half completed the job as further body corp approval was needed to changes in the repair job.

-body corp approved amended repairs at committee meeting on May 2nd.

-had problems all along the way with a difficult the body corp management company (stone walled, sitting on hands, changing goal posts.) which made me feel frustrated given that I was the one doing their job - identifying the repair, got fencer repair quotes, i even got the approval of the neighbouring body corp.

 

[Paul Cott]

Whitecap,

Its difficult if you don't want to upset the chairperson as it seems here the body corporate are not undertaking their role and duties properly.

In that case a strong letter to the body corporate would be the way to go, giving them one last chance to do what they have to do, saying if you don't do it say within 14 days, you will take the matter to VCAT ( or it's equivalent in your State).

Good luck,

Paul Cott.

 

[Rob Legat - SBPL]

There are prescribed steps in Queensland for sorting this out - don't go to QCAT. The Queensland body corporate dispute system operates outside of QCAT (for what it has jurisdiction over). You can see the steps here: Disputes in a body corporate | Your rights, crime and the law | Queensland Government

1. Self resolution: talking to the committee and trying to get the matter resolved. Tell the committee what the problem is and point out that they've resolved to get the fence fixed. You may identify an issue you weren't aware of.

2. If self resolution doesn't work, the next step is conciliation (mediation): You have to show that you've tried step 1 first. An independent conciliator is appointed to help the parties come to an agreement - they don't make a decision themselves. If a decision is reached, it is recorded. These decisions are not binding unless you request that they be referred to an adjudicator for a consent order - which may or may not be given, it's up to the adjudicator's discretion.

3. If you've tried both of these and it doesn't work, the next step is adjudication: You apply to the body corporate Commissioner's office for an adjudication, setting out the details of the dispute. I'd suggest this needs to be as detailed as possible. From memory, the adjudication process is done solely 'on the papers' (i.e. all by written submission). Any interested in the decision can make a submission. You'll be able to make a written reply to these submissions. If your reply bring up new issues (i.e. not just replying to what's put in the submission), these will go back to the other parties for them to make further submissions. So, make sure you put in everything the first time.

The Commissioner's office can't look at all forms of dispute. They can't look at debt disputes for levies, or who is the correct owner of a lot, for example. I think your situation does fall within their jurisdiction.

Orders made by the adjudicator can be enforced through the Magistrates Court.