What Is a Community Titles Scheme in Queensland?
In Queensland, many people live or invest in properties that form part of a community titles scheme (CTS). These schemes — often called strata titles — apply to apartments, duplexes, townhouses, or mixed-use developments where individuals own their own lot but share common property like driveways, gardens, lifts, or pools.
Each scheme has a body corporate responsible for managing the shared areas and ensuring everyone abides by the community’s by-laws. That means decisions about maintenance, insurance, and behaviour affect everyone involved.
“As Sam Cohen, Principal Lawyer at Cohen Legal, explains, ‘Community living can work beautifully when communication is clear and rules are respected — but when those break down, the legal framework steps in to restore balance.’”
Common Causes of Strata Disputes
Most body corporates operate smoothly, but disagreements can quickly arise when expectations differ or responsibilities aren’t met. Common causes of strata disputes in Queensland include:
- Maintenance and repairs: Disputes over who pays for or carries out work on common property or boundary walls.
- Levy disagreements: Owners questioning how funds are allocated or special levies imposed.
- By-law breaches: Issues such as parking, noise, pets, or unauthorised renovations.
- Damage and nuisance: Claims for property damage or interference with another owner’s use and enjoyment of their lot.
While many of these start as administrative issues, they can escalate into legal conflicts — especially where financial loss, safety risks, or repeated breaches occur.
Sam Cohen says, “When a dispute starts affecting relationships, property value, or safety, that’s the time to seek clear legal advice. Early intervention often prevents things from getting worse.”
Understanding the Legal Framework
Strata and body corporate disputes in Queensland are governed by the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act). The Act sets out how community titles schemes must be managed and how disputes are to be resolved.
The Office of the Commissioner for Body Corporate and Community Management plays a central role. Most disputes must go through conciliation or adjudication before any court action can be taken. This structured process encourages fairness and practical resolution before costs escalate.
Cohen Legal regularly assists clients through these early dispute-resolution stages. Whether you’re an individual lot owner, a committee member, or a body corporate manager, understanding your legal position early can make the process smoother and less stressful.
When to Involve a Lawyer in a Strata Dispute
Not every strata disagreement needs a lawyer, but certain situations warrant professional advice — especially when rights, obligations, or significant financial outcomes are unclear. You should consider engaging a lawyer if:
- There’s non-compliance with the body corporate’s decisions or by-laws.
- Property damage or safety concerns are being ignored.
- Financial misconduct is suspected in the management of funds or levies.
- Repeated breaches continue despite prior warnings or mediation.
A lawyer can clarify responsibilities under the BCCM Act, prepare submissions for conciliation or adjudication, and represent you if the matter escalates.
“As Sam Cohen notes, ‘Legal advice isn’t about taking sides — it’s about understanding your position, your rights, and the best path to resolution.’”
How Cohen Legal Resolves Strata and Community Titles Disputes
At Cohen Legal, we’ve worked with property owners, body corporate committees, and strata managers across Townsville, Mount Isa, and regional North Queensland to resolve complex community title disputes.
Our approach combines legal precision with practicality. We start by clarifying what the dispute is really about — whether it’s a misunderstanding, a breach of duty, or a breakdown in communication. From there, we explore resolution options that align with your goals and budget.
These may include:
- Negotiation and informal resolution, where our team helps parties reach agreement before formal processes are triggered.
- Preparation for conciliation or adjudication, ensuring your case is clear, supported, and persuasive.
- Litigation, if necessary, through the Queensland Civil and Administrative Tribunal (QCAT) or the courts, where we advocate firmly for your rights.
Our team also assists clients in related areas of civil litigation and residential property law, ensuring every matter is handled with a complete understanding of property rights and dispute processes.
Sam Cohen explains, “We know that strata disputes can strain communities and relationships. Our goal is always to resolve matters respectfully, efficiently, and with minimal disruption.”
Why Early Legal Advice Matters
Many people hesitate to seek legal advice, worrying it might inflame a situation. In reality, early guidance often defuses disputes and prevents small problems from becoming costly conflicts.
Cohen Legal’s local experience in North Queensland means we understand the community dynamics that can influence strata matters — from remote property arrangements to regional building conditions.
If you’re facing a dispute within your community titles scheme, getting clear advice early can save you time, stress, and expense.
If you’re dealing with a strata or community titles dispute, Cohen Legal can help you understand your rights and resolve issues with clarity and confidence. Contact our Townsville or Mount Isa offices for tailored advice.
Disclaimer
This article provides general information only and does not constitute legal advice. You should obtain advice specific to your circumstances before making any decisions.