Body Corporate Disputes — What Are Your Rights in Australia? (2026)
Disputes in strata schemes are common — between owners and the body corporate, between neighbours, or about committee decisions. Each state has formal dispute resolution pathways, and most disputes can be resolved without going to court.
Common Types of Strata Disputes
| Dispute type | Example |
|---|---|
| By-law breach | Noise, pets kept in breach of by-laws, unauthorised renovations, Airbnb in restricted scheme |
| Levy recovery | Owner refuses to pay levies; enforcement action |
| Maintenance dispute | Dispute over whether a defect is the lot owner’s or common property responsibility |
| Committee decision challenge | Owner believes a committee decision was improper or invalid |
| Meeting procedure | Meeting not properly convened; improper voting |
| Renovation approval | Committee refuses to approve renovations; dispute about conditions |
| Parking | Unauthorised use of another owner’s space; visitor parking misuse |
| Neighbour nuisance | Noise, smoke, waste disposal |
| Building defects | Dispute between owners corporation and builder or developer |
Step 1 — Attempt Internal Resolution
Most strata legislation requires or expects parties to attempt internal resolution before escalating:
- Write to the strata manager — document the issue formally (always in writing, not just verbally)
- Request the matter be raised at a committee meeting
- Raise at the AGM or an EGM (Extraordinary General Meeting) — if the committee is not acting
Why this matters: Tribunals in most states expect evidence that you tried to resolve the matter internally before escalating.
Step 2 — Mediation
Most states offer or require mediation before formal adjudication:
| State | Mediation provider |
|---|---|
| NSW | NSW Fair Trading — free strata mediation service |
| VIC | Consumer Affairs Victoria mediation |
| QLD | Body Corporate Commissioner — free dispute resolution service |
| SA | Office of the Strata Commissioner |
| WA | State Administrative Tribunal (SAT) — may refer to mediation |
Mediation is typically free or low cost. Many disputes resolve at this stage.
Step 3 — Formal Adjudication (Tribunal)
If mediation fails or is not appropriate, formal adjudication by the relevant state tribunal is available:
| State | Tribunal | Key disputes handled |
|---|---|---|
| NSW | NCAT (NSW Civil and Administrative Tribunal) — Strata Division | By-law enforcement, levy disputes, access to records, meeting validity |
| VIC | VCAT (Victorian Civil and Administrative Tribunal) | OC disputes, by-law compliance, maintenance, fees |
| QLD | QCAT (Queensland Civil and Administrative Tribunal) / Body Corporate Commissioner | Full range of body corporate disputes |
| SA | Magistrates Court / Strata Commissioner | |
| WA | State Administrative Tribunal (SAT) | |
| ACT | ACAT |
Costs: Tribunal lodgement fees are modest ($50–$200 in most cases). Legal representation at tribunal is possible but not required — many owners represent themselves. For complex matters, a strata lawyer may be worth engaging.
Common Outcomes
By-law enforcement: Tribunal can order a lot owner to comply with a by-law — including ceasing Airbnb, removing a pet, or ceasing unauthorised renovation. Penalties can apply for ongoing breach.
Maintenance orders: Tribunal can order the owners corporation to carry out maintenance on common property.
Meeting invalidation: A general meeting can be declared invalid if it was improperly convened.
Levy recovery: Owners corporations can recover unpaid levies plus interest and costs through tribunal or court proceedings.
Rights of Owners — Key Entitlements
| Right | Detail |
|---|---|
| Inspect strata records | Any owner can inspect financial records, meeting minutes, contracts |
| Receive meeting notice | Adequate notice of general meetings (typically 7–14 days) |
| Vote at meetings | Each lot owner has voting rights |
| Stand for election | Any owner can nominate for the strata committee |
| Reasonable access for repairs | Owners can access their lot for necessary repairs |
| Dispute resolution | Access to state dispute resolution pathways |
Frequently Asked Questions
The strata committee is not maintaining the common property. What can I do?
Document the issue with photographs and written requests to the strata manager. If the committee does not act within a reasonable time, you can apply to the relevant state tribunal for an order requiring the owners corporation to carry out the maintenance.
My neighbour is running a short-term rental (Airbnb) in breach of the by-laws. What are my options?
The owners corporation (through the strata manager or committee) has the power to serve a by-law breach notice and, if not complied with, seek a tribunal order for compliance and penalties. As an individual owner, you can request the committee to take action — and if they refuse, you can apply directly to the tribunal in many states.
I was blocked from attending a committee meeting. Is that allowed?
In most states, lot owners have the right to attend (but not vote at) committee meetings as observers, unless the committee votes to exclude the public for a particular item. Blanket exclusion of lot owners from all committee meetings may be challengeable through the tribunal.
Related Strata Guides
- What Is Strata Title? A Complete Guide
- Strata Levies Explained — Admin Fund and Capital Works Fund
- Building Defects in New Apartments — Your Rights
- Strata Title Australia Hub
This article provides general information about strata dispute resolution in Australia. Tribunal processes and rights vary by state. For advice on a specific dispute, speak with a licensed strata lawyer or contact your state’s strata dispute resolution service. Find one through MoneySmart.