Making complaints against a SCA(QLD) Member
It is important to note that a body corporate manager can only act when provided with specific instructions from the body corporate committee. It would be inappropriate for the body corporate manager to spend money on items such as building maintenance without appropriate prior approval.
A body corporate manager is generally not a property manager responsible for care of gardens, property inspections or organising repairs and maintenance if necessary. However, they may be engaged to undertake this work under a separate contract. If you have concerns about the maintenance of your property, check to see if the body corporate manager is responsible before raising the issue with them or making a complaint. If you are satisfied that the body corporate manager is responsible and wish to make a complaint, download the following:
SCA (QLD)'s guide to Complaints Management (PDF File 265Kb)
The role of the complaints handling process is to assess whether a member of the Institute has abided by the Code of Ethical Conduct and to take punitive action if necessary. It is not designed to supplant the role of the courts or the dispute resolution process administered by the Commissioner for Body Corporate and Community Management.
If you have problems about the work of a body corporate manager and are seeking corrective action, a refund of fees paid or a similar outcome a dispute should be lodged with the Commissioner’s office which has the legislative authority to consider such matters and enforce the outcomes. Issues that should be referred to the Commissioner’s office for which remedial action is sought include the following:
- By-law disputes and enforcement;
- Actions or inaction of a body corporate committee;
- Actions or inaction of a resident / on-site manager;
- Actions or inaction of a body corporate manager and the fees charged; and
- Fees or charges levied by a body corporate / body corporate committee.
If a ruling from the Commissioner’s office produces an adverse finding against a member of (SCA QLD), this should be referred to the Institute to determine whether the Code has been breached. Similarly, the outcomes of any civil litigation can be referred to SCA (QLD).
When considering whether to lodge a complaint against a manager, it is first necessary to determine whether the manager is responsible for the issue, something than can be first determined by reviewing the agreement between the body corporate manager and the body corporate which any member of the body corporate committee should have on file.
Whether you want to advance your career in body corporate management, keep informed on changes to the legislation, SCA (Qld) has a membership category for you. [ more ]
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