Qld unit complexes with the most body corporate complaints

Insurance battles, compensation payments being withheld and a water supply disputes are among hundreds of adjudications the state’s watchdog is being called on to handle. See the list.

Atlantis apartments include two schemes and there have been nine BCCM adjudications over the past three years. Picture: Supplied

Insurance battles, compensation payments being withheld and a water supply dispute are among hundreds of adjudications the state’s watchdog has been called on to make over the past three years involving just 40 apartment complexes.

There is even a spat between duplex owners who between them made five complaints to the Office of the Commissioner for Body Corporate and Community Management (BCCM), according to data supplied by Strata Solve.

Of more than 50,900 community title schemes in the state, Ocean Resort Village (No. 1) in Mackay has the dubious honour of the most BCCM adjudications between 2019-21.

There were 24 adjudications for Ocean Resort Village in Mackay, the most of any between. Picture: Tony Martin

Almost one application every seven weeks was been lodged with BCCM between 2019-21 although the past five complaints had all been dismissed.

In the latest judgment, an adjudicator state the Mackay complex has an “exhausting history of dispute”.

Coming in an unenviable second, was Couran Cove on Stradbroke Island (18 complaints) followed by Gold Coast apartment complexes Malibu at Mermaid Waters and Chevron Renaissance at Surfers Paradise with 14 each.

Gold Coast apartment complexes make up more than half of the most complained about strata-title buildings in the state, says Strata Solve director and former BCCM commissioner Chris Irons.

Of more than 330 complaints filed by owners within 40 complexes between 2019-21, many repeatedly came across Mr Irons’s desk in his five years at the helm of the watchdog.

Former commissioner for Body Corporate and Community Management (BCCM) says he used to groan ‘not again’ when a well known complex asked for another adjudication. Picture: John Gass

“There was absolute frustration because every new matter that came into the office came to me first. I would groan ‘not again’ when it was a complex known for disputes,” Mr Irons said.

The most common objections among the top 40 involve general meetings, by-laws and, the more contentious issue, committee elections, he said.

“Strata is like politics, it’s all about the numbers. In buildings where there are a lot of apartments and big money at stake, it’s like a spill in caucus,” Mr Irons said.

In a complex at Ascot, there was an accusation of Fraud on the Minority in 2019. The adjudicator ruled a $12,000 levy for a lift was invalid and the body corporate had to refund each owner.

In a judgment involving La Porte d’Or at Surfers Paradise, the body corporate had to pay $3513, that was withheld from a resumption of property payout, to the applicant.

The money had been withheld for legal costs the applicant was said to have caused the body corporate for pursuing personal litigation, the adjudicator noted.

There have been 14 adjudications regarding Chevron Renaissance, Surfers Paradise although there are 716 lots. Picture: Jerad Williams

The number of complaints was not always comparable with the total of lots within each complex.

Whereas there were 14 adjudications for Chevron Renaissance, which has 716 lots, there were five for a duplex in Labrador.

Anyone entering a strata title scheme needs to understand what they are getting themselves into, said Griffith University’s strata title expert Sacha Reid.

Some owners treat the BCCM’s services like a cop on the beat, the associate professor said.

“They think can they use the BCCM to get their way and use them as the enforcer of their own rules,” she said.

“If you have someone with a vexatious nature or a sense of entitlement and think they’re right and won’t change, that’s when it becomes an issue.

Griffith University professor Sacha Reid says owners who have a sense of entitlement will pursue their point-of-view through the BCCM. Picture: Peter Wallis

“People are emotionally involved in these issues and decisions and are chasing them until the end.”

In some instances, the complaints lodged have been by just one or two owners, such as Summer Waters (five complaints) at Southport, Islander (five) at Surfers Paradise and Plantation Resort at Rainbow Beach (nine).

“It’s all settled down and it’s pretty much stable now which is good,” said Plantation body corporate chair Nick Robinson.

Last financial year, the BCCM received 1850 applications for dispute resolution, 200 more than the 2018/19 fiscal year.

Acting BCCM commissioner Sarah Zeidler declined an interview request.