Note 02/14/2025 02:07:35

One of the aspects of owning and/or living within an Owners Corporation that may be new and challenging to many people is being much more closely situated to immediate neighbours than you may have been previously in a non-strata dwelling, i.e. a standalone house.

Whether due to this closer proximity, different lifestyles, or differences in opinion over the management of the Owners Corporation or even day-to-day practices, it is quite common for
disagreement or complaints to arise between fellow members and residents of the Owners Corporation.

Attempt a civil, informal resolution.

At first instance the recommendation of The Knight and your Manager is always to attempt a civil, informal resolution. A polite discussion with the other party, or similarly polite but assertive written communication regarding the misuse of your car park or recent noise disturbance etc. – whatever the matter of your complaint is. The Owners Corporations Act grants a limited authority to the Owners Corporation to hear formal Owners Corporation complaints.

The intention and function of these statutory provisions is to work towards a mutually acceptable resolution of the circumstances that give rise to the complaint. The Act does not provide the authority for punitive measures to the Owners Corporation (i.e. fines), nor may the Owners Corporation make orders upon either complainant or respondent.

Submitting a formal complaint.

Should your initial, direct efforts be unsuccessful, you may wish to consider submitting a formal complaint. Please contact your Manager with The Knight if this is the case, who will provide you with the prescribed form.

The complaint must cite either a rule, statutory provision or regulation that is asserted to have been breached, and must cite a respondent – being another lot owner or occupier. The Owners Corporation Committee cannot be the respondent. It should be noted that disagreement with action of the Owners Corporation or Committee does not give grounds for a valid complaint. Please note that complaints cannot be made in this context relating to a personal injury, per the Owners Corporations Act.

Once an Owners Corporation Complaint is received, the Owners Corporation has a statutory process to follow, that involves the complainant, the respondent, the Owners Corporation Committee, and the Owners Corporation Manager to minute any decisions made or agreements reached.

Owners Corporation Grievance Committee.

The body of the Owners Corporation that review and manages complaints is the Owners Corporation Grievance Committee, which is comprised of members of the Committee. If a Grievance Committee is not separately appointed and constituted, then the full Committee will act as the Grievance Committee. Once a formal Owners Corporation complaint is received on the prescribed form, the Manager will provide a copy to the Grievance Committee. Read more…