Conciliation for body corporate disputes
In conciliation an independent person who understands body corporate law (a conciliator employed by the Department of Justice) helps you and the other parties try to resolve your dispute.
The information on this page only applies if your body corporate has a community titles scheme (CTS) number and CMS registered with Titles Queensland. This means it falls under the Body Corporate and Community Management Act 1997 (the BCCM Act).
This applies to most bodies corporate, but there are other Acts that apply to some bodies corporate instead.
To find out which Act and regulation your body corporate is registered under, contact Titles Queensland. If you don’t have a CMS registered, the scanned survey plan may tell you which Act applies to your body corporate.
Learn more about the different legislation that applies to bodies corporate.
To learn more about which information applies to your body corporate, you can ask a body corporate question or phone our information service on 1800 060 119.
If your body corporate does not have a CMS recorded, learn about referee orders for body corporate disputes.
You must show that you have tried to solve the problem yourself (called self resolution) before you can apply for conciliation.
Apply for conciliation
There are 2 ways to apply for conciliation—either:
- fill out the online form, which generates a PDF application that you can download and email to us
- download a blank form to complete and send to us.
There are fees for conciliation applications.
You can send your completed form and all attachments to us by:
- post to
Office of the Commissioner for Body Corporate and Community Management
GPO Box 1049
BRISBANE QLD 4001 - email to conciliationbccm@justice.qld.gov.au.
If these options don't suit, you can deliver your application to us in person at:
- Level 4, 154 Melbourne Street
SOUTH BRISBANE QLD 4101
Please email us when communicating about new or current applications. See Practice Direction 11 for more details.
Fill out and download the form online
Or, download the blank conciliation application form and guide. Call us on 1800 060 119 (freecall) if you cannot download the form.
Benefits of conciliation
Conciliation can often resolve issues more quickly than adjudication—a more formal dispute resolution process where parties provide written submissions and we make an order.
Conciliation can help those involved to:
- have a say, listen to one another and suggest solutions
- reach their own agreement and not have one decided for them (as happens with adjudication)
- develop or maintain good relations—especially important if they live in the same building
- gain useful information that might prevent further disputes.
In some cases, the Commissioner may decide that a dispute is not suitable for conciliation. If this happens, you may be able to apply for adjudication.
Role of the conciliator
A conciliator:
- remains impartial, meaning they do not act for either side in the dispute
- helps parties talk to each other to see if they can reach an agreement to solve some or all of the issues in dispute
- runs the conciliation process in a way they decide will be most helpful
- gives parties information about the body corporate legislation and past adjudicator, court, and tribunal decisions that may relate to their issues
- invites up to 2 voting committee members to attend when the body corporate is involved
- makes sure everyone is treated fairly
- accepts written information from any person and gives this material to any other person if it will be useful for the conciliation
- gives copies of any signed agreement to everyone who participated in the conciliation
- keeps what you say in the conciliation confidential.
A conciliator does not:
- make a legal decision about who is right or wrong
- give legal advice
- change conciliation dates or times to fit in with somebody's work or personal commitments or a wish to have a specific committee member or support person come to conciliation
- allow non-voting committee members (e.g. body corporate managers) to represent the body corporate
- force the parties to carry out their agreement, or tell parties what to do
- tell anyone what happened during the conciliation
- give copies of any agreement to people who were not part of the conciliation.
Preparing for conciliation
To get the best from your conciliation, you should:
- make a list and a clear summary of all the issues
- come along with a range of options to resolve the dispute, realising that you may have to compromise to reach an agreement
- provide the conciliator with any information they ask for
- discuss any special needs you have with the conciliator (e.g. an interpreter).
The conciliator will contact you before the conciliation to explain the process and answer any questions you have.
Attending a session
Only the people involved in the dispute can attend meetings with the conciliator. However, you may be able to have a support person with you (usually a friend) if the conciliator agrees. In some circumstances a conciliator may also allow an agent to represent you.
If you can't attend a scheduled conciliation session you must let the conciliator know as soon as possible. In exceptional circumstances, the conciliator may arrange another session.
If you are the applicant and don't attend the conciliation session (or make a reasonable attempt to be there) you may not be able to apply for adjudication for that dispute.
A respondent (i.e. the other person in the dispute) who does not make a reasonable attempt to attend may have to repay the applicant's conciliation and adjudication application fees, if the applicant asks for this outcome in an adjudication application.
If you agree
An agreement you and the other party reach will be written up by the conciliator. You and the other party will then sign that agreement.
Conciliation agreements are not enforceable under the Body Corporate and Community Management Act 1997.
Consent orders
If you reach an agreement in the conciliation session, and both parties want the agreement formalised as a consent order (meaning the agreement will be enforceable), the Commissioner must refer the agreement to an adjudicator for a consent order.
The adjudicator may, in his or her discretion, issue a consent order. Read more on consent orders.
If you don’t agree
You may choose to apply for adjudication if your dispute cannot be resolved by conciliation. You will be charged an adjudication fee.
If you apply for adjudication you will have to abide by the adjudicator’s decision.
Dismissed applications
Your application can be dismissed by the Commissioner if they believe the dispute should be dealt with:
- in a court or tribunal that has authority to deal with the dispute
- by another process that can resolve the dispute and be legally binding on the people involved.
An application must be dismissed in full, it cannot partially remain with us.
Privacy
Please be aware that we will provide your application to the other party.
Read more about privacy and access to personal information.