Qld lot owners would like to know about applying for conciliation with a Form 22 and whether conciliation is worthwhile.
Table of Contents:
- QUESTION: Conciliation is a total waste of time and money. A body corporate committees will most likely, having made the decision, refuse to compromise.
- QUESTION: Is it possible to apply for conciliation for a few different disputes in one conciliation application form (Form 22)?
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Question: Conciliation is a total waste of time and money. A body corporate committees will most likely, having made the decision, refuse to compromise.
Conciliation is a total waste of time and money. A body corporate committees will most likely, having made the decision, refuse to compromise. It will hide behind “the committee decision” and “we have made this decision for the benefit of all owners”, so will not lose face by agreeing to a change.
A body corporate committee does not always act “reasonably”, but rather enjoys having the power and control that comes with being on the committee. And frequently it’s a single voice requesting something, so has next to no chance of getting anywhere.
Answer: I couldn’t disagree with you more.
I couldn’t disagree with you more.
As Commissioner, I know that the Conciliation Service of my Office would have success rates of up to 75%. That’s as much as ¾ of all conciliation matters not proceeding to adjudication. I saw plenty of committees start out with a position of “no pets” only to end up agreeing to an animal by the end of the conciliation session.
Moreover, your comment that it’s a waste of money doesn’t make sense, when you consider that the application fee for conciliation is under $100.
Finally, I don’t think it’s fair for you to label all committees as enjoying the power and control of being on committees. Are some committees dysfunctional? Yes. Do some committee members do the wrong thing? Absolutely. But all of them? Hardly.
Committees are made up of volunteers and the vast majority of them do the right thing. I’d be saying to you that if you don’t like the way your committee does things, then :
- properly monitor and challenge, if necessary, their decisions
- put up a motion to replace those committee members you don’t think are doing the job right and
- put up your hand to be on the committee yourself.
Chris Irons
Hynes Legal
E: chris.irons@hyneslegal.com.au
P: 07 3193 0500
This post appears in Strata News #425.
Question: Is it possible to apply for conciliation for a few different disputes in one conciliation application form (Form 22)?
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I am looking for information about an application for conciliation, specifically, whether it is possible to apply for conciliation for a few different disputes in one conciliation application form (Form 22)?
Answer: The conciliation application can deal with separate issues.
This is probably the starting point for conciliation information: Conciliation for body corporate disputes.
Here is access to the conciliation guide and Form 22.
The conciliation application can deal with separate issues but the applicant would want to make sure that:
- The parties to the separate disputes are the same; and
- They have attempted self resolution for all of the issues.
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
W: http://www.hyneslegal.com.au
This post appears in Strata News #268.
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From Chris Irons Hynes Legal says:
“{…] Committees are made up of volunteers and the vast majority of them do the right thing. […]’
Some committee members, especially the chairpersons, might be being rewarded in $ome way to fill the positions, like political branch-stacking, which means they are not to be deemed volunteers, and it is but mere heresay at best for anyone to so brashly and broadsweepingly state that the vast majority of committee members do the right thing without whomever states such a risible rose-coloured rejoinder (evidently doing its best to masquerade as but otiose ‘obiter dicta’) not being able to provide irrefutable evidence that the vast majority of volunteers do indeed do the ‘right thing’. Contrarily, chided ‘chance’ would be a fixedly-fine ‘thing right-enough’.
The problem with conciliation is that the agreement is not enforceable. If the Body Corporate does not comply with the Agreement you are back in exactly the same position. You have to start again. I believe that this is a true weakness in the Conciliation process.
Hello Lynette, while it is true that a conciliation agreement is not legally enforceable, it doesn’t mean you are back in the same position. As I said in response to another comment, conciliation has the benefit of reducing the number of issues in dispute. It also has the benefit of providing an educational aspect to it.
Thankyou Chris for plain speaking to yet another keyboard warrior who seems so keen on pressing their sour grapes they might consider moving to the Granite Belt soonish.
I have Chaired a Body Corp for nearly 20 years, and do my best to continuously keep abreast of the relevant legislation which now spans many laws and regulations from Workplace Health through Construction to Fire and Safety.
I have always encouraged new owners to become even a bit involved in the management of the building, and have almost always struggled for a quorum at AGM.
What amazes me – especially on this forum, is the almost complete recognition of that thing hanging onto the name of the Act…its the Body Corporate and (ahem) Community Management Act.
Community means not always getting your own way, it means having some ways of finding a reasonable decision, and it means being involved in a shared arrangement. It’s also free to join and infinitely transparent.
If you don’t want to play thats fine, but please stop denigrating those who put their hands up to do what is required by the laws of the State and their commitment to the benefits of community.
If you don’t get the Community bit, you just don’t get Body Corporate living.
Move.
Thanks Tim, for your insightful words. Being on the Committee, can be a tough gig. From experience (20+ plus years) the mix of individual owners – their past experience with living in a community, their personalities, their characters, – alongside their knowledge of the BCCMA and respective module, the BCM, plus the size and age of the building can make Committee life very challenging at times. I’ve found the Commissioner’s Office a haven of good people who listen, “help unscramble the egg”, and explain what one might do in an unbiased and balanced manner. I like your words about community, and will definitely use them. Thanks again, Tim.
Wise words Jo!
Appreciate your feedback here Tim
In your having had to “almost always struggle for a quorum”, you may like to make it known to the owners that you now wish to take a short break from chairing your body corporate meetings to provide someone else with the opportunity to take the chair for a few meetings, with perhaps your assistance if required (that’s if you decide to attend!) if only to see if attendance numbers then improve, which if they do then might be but the beginning of a whole new ball game all round. As you’ve said yourself, “…it means being involved in a shared arrangement.” Given that quite often ‘the longest way round is the quickest way there’ … what do you have to lose?
I agree with the statement that conciliations are a total waste of time and money. They are just a “trial run” to an adjudication application. As normal the legislation makes no provision after a conciliation hearing in which an affected owner or body corporate may then make an adjudication application. Simply justifying someone’s position.
Hello Lexie, the option is always there for a body corporate or owner to apply for adjudication if their conciliation is unsuccessful. Sometimes even if a conciliation does not resolve every single issue, it is successful in reducing the number or scope of issues to then be argued at adjudication. In that sense they are definitely not a waste of time or money. Moreover, any process which encourages people to communicate with each other can never be a waste of time.
I think Chris misses an important option for the author of the ‘statement’
The author should nominate for election to the committee or executive asap
Body corporates are based on an optional majority vote for every owner and the author could even approach other owners before members vote.
Hello Philip, I did indeed suggest that in my response (very last point 3)