If you have a dispute, always talk to the people involved first.
In some cases issues can be caused by a simple mistake or misunderstanding, so try to sort things out with each other first. If this doesn’t work, there are other options you can try.
Mediation
Mediation lets you discuss the problem with a mediator present. The mediator will aid the discussion and help those involved to reach an agreement. If agreement is reached it can be made formal in a mediator’s order. This order is binding and will say what happens if someone breaks it.
Examples of issues that could be handled by mediation include:
- someone not following the body corporate rules
- disputes with neighbours on parking, noise or rubbish.
You can apply for mediation through the Tenancy Tribunal.
Tenancy Tribunal
The Tenancy Tribunal also hears unit title disputes if the amount being disputed is less than $100,000. They decide if a dispute should go to mediation or adjudication (a hearing). The costs for applying to the Tenancy Tribunal have been reduced – to $250 for mediation and $500 total where the dispute requires adjudication.
This means if a $250 fee has been paid and the dispute is then referred to adjudication, a further fee payable of $250 is required. The total fee that is payable for the application will not exceed $500.
You may need to attend a hearing if your issue is about:
- unpaid levies
- body corporate decisions
- repairs and maintenance.
Making a unit titles application to the Tenancy Tribunal
The courts
The District Court can hear disputes about insurance money (up to $50,000) and other issues between $100,00 and $350,000.
The High Court can hear disputes about the title of land, insurance money (over $50,000) and issues over $350,000.
Last updated: 16 May 2023