Body corporate management (BCM) can be complex and time consuming, even when things are running smoothly. Unit block managers and owners understand that effective body corporate management is important, and many engage the services of a specialist BCM firm to deal with maintenance, insurance and other general administrative tasks.

Alternately, owners of units may undertake the entire BCM process themselves, with one owner being appointed to the role of managing the committee and making day-to-day decisions.

Both approaches work - however, issues and problems can arise where additional "outside" assistance can be very valuable. The BCAP service provided by Smith & Associates Solicitors is a cost effective, professional way to address issues that invariably arise in the body corporate arena.

General legal advice can be provided to body corporate managers, committees, developers and property managers. Our firm has a comprehensive understanding of the law relating to property and commercial law matters, as well as an understanding that many body corporate issues revolve around more complex "people" issues..

Our service ensures:

• a reduction in conflicts within body corporates (and relationships with services providers);
• the body corporate is at all times operating in accordance with legislation and local by-laws
• body corporate members are not personally at risk of legal action
• decision-making processes are sound

The service is provided at all offices of Smith & Associates Solicitors. To enquire about advice, mediation or your other options regarding a Body Corporate dispute, please contact our professional team.

Mediation

The service makes mediation available to all parties in a Body Corporate dispute. A lot owner or a Body Corporate may approach the service and request that a mediation session be held to resolve a dispute. BCAP representatives will then be able to invite the other parties to the mediation and conduct a prior assessment of each parties interests and issues.

During disputes it may be difficult to openly discuss issues. The level of emotion during conflict can often be inhibitive to dispute resolution. The mediators at BCAP will be able to assess the level of conflict and offer a style of mediation that is most suited to the particular circumstances. A "shuttle" mediation involves each party being in a separate room, with the mediator traveling between each to conduct the session. This style of mediation is suitable for disputes involving high levels of conflict.

Mediation has a high success rate in reaching agreements. Whenever an agreement is reached it is important that the terms of agreement are recorded to ensure that each party complies with their obligations. The BCAP professionals will be able to reduce an agreement to writing, in a legally binding format.

Advisory Service

Both lot owners and Bodies Corporate can contact BCAP for advice regarding a specific situation.

The advise is provided by our panel of experienced Solicitors and will include details of specific options available. Our team has found that in dealing with Body Corporate disputes, alternative dispute resolution has the ability to provide the most effective, efficient and appropriate resolutions.

If your dispute involves a major disagreement it is likely that the BCAP panel will recommend a mediation session.

Our team of legal professionals can further assist with advice on body corporate matters including:

• body corporate meetings
• secretarial issues
• files and records
• contributions and levies
• clerical and management functions