Disputes between the body corporate and lot owners are common where damage has been caused to property within a body corporate scheme by extreme weather events, as it is often unknown, or difficult to determine who is responsible for the damage caused or for rectification of damage within lots or common property.
Where such a dispute arises, proceedings may be commenced by a body corporate or a lot owner in the Office of the Commissioner for Body Corporate and Community Management (BCCM) to determine who is responsible for rectifying the damage and for the costs of doing so. The Body Corporate and Community Management Act 1997 (Qld) and applicable regulations provide the relevant framework.
This webinar, presented by Anthony Pitt (Special Counsel, Litigation and Dispute Resolution) and Hayley Harvey (Senior Associate, Litigation and Dispute Resolution) from HopgoodGanim Lawyers, covers the legal issues which might arise following flood damage caused to property within a body corporate scheme, including:
- Who is responsible for damage caused by floods or storms
- Who is responsible for insurance within the areas of the scheme
- What can lot owners do if there is flood/storm damage within the scheme and it has not been fixed
- Commencement of proceedings and the process for proceedings in the Office of the Commissioner for BCCM.