Hynes Body Corporate

Trusted by 100s of Bodies Corporate across Queensland

When Australia’s foremost body corporate businesses look for advice, they turn to Hynes Legal. Hynes has been a leading provider of professional services to the sector for more than 15 years, working closely with the most respected names in the industry.

Speak to our team today!

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Dispute mediation services

Finding solutions beyond the courtroom

Hynes Mediation is an industry first, created as an alternative to potentially costly and time-consuming legal action. Body Corporate Managers often face the frustration of committees where emotions run high that distract from the underlying dispute.

Or where members are still in dispute and unwilling to listen to reason. Led by Chris Irons, former Queensland Commissioner for Body Corporate and Community Management, Hynes Mediation opens up options when dealing with emotionally driven and complex issues within a portfolio of properties.

Hynes Strata Education

Giving people the skills to improve strata committees

Hynes Strata Education solves one of the biggest frustrations for Body Corporate Managers: Helping new committee members come to terms with the details and responsibilities of serving on an owners’ committee.

A low barrier to entry means that anyone who owns a lot can become a key stakeholder in decisions relating to their body corporate. Each year Body Corporate Managers are left with the thankless and repetitive task of educating newcomers.

Hynes Education Services provides resources and educational content so committee members can bridge the knowledge gap and become effective and productive participants on their committees.

Improving the work of Body Corporate Managers

Why Choose Hynes Legal

Hynes’ team of advisers brings years of practical know-how in dealing with every aspect of the strata sector. There is no substitute for lived experience in this industry.

Be the first to know

If there’s a change in the sector, you’ll hear about it from us first. Whether it’s an email update or a thought-provoking webinar, our team are on the pulse with practical information and advice you can use in your business today.

Experience counts

Hynes is the only place you can tap into the experience and knowledge of the former Queensland Commissioner for Body Corporate and Community Management, Chris Irons.

Legalese-free

Our legal team, headed-up by Queensland’s foremost strata law expert Frank Higginson, delivers advice you can understand, free of legal jargon and high on practicality.

Popular Body Corporate FAQ’s

What is a body corporate?

The easiest analogy for a body corporate is like a company. In a company, there is a board of directors and a group of shareholders. The company itself owns the company assets and the shareholders each own (in effect) their proportionate share of those assets.

So if you own shares in BHP you own a (very small) proportionate share of all of BHP’s assets – from copper and coal mines to shale oil reserves and so on.

A body corporate is the same but on a much smaller scale.  Inside a body corporate are individual lots and common property.  The lots (or units/apartments) are the pieces of property inside the body corporate that are owned by the actual owners themselves – which is where owners live in or rent out.  The body corporate owns everything else, which is known as common property – like the pool, the gardens, roads, lifts etc, and each of the lot owners own a proportionate (but not separate) share of this common property.

Each of the lot owners is a member of the body corporate by virtue of their ownership of a lot. They can only leave the body corporate by selling their lot – in the same way that you leave BHP by selling your shares.

The body corporate is a separate legal entity and can enter into its own contracts and manage its own legal proceedings (through its committee).

Can I get out of my body corporate?

In theory, yes, but the practicalities mean the answer is usually no.

If you lot is physically in a tower or part of a gated community the answer is definitely no.  The local authority will simply not allow that.

If you are in a duplex or something very small it might be possible but the first place to check is the town planning restrictions.  The local authority may have approved the scheme only because it was strata titled.  Leaving a small body corporate like this means dissolving the body corporate – which will only be able to be done with the support of all other owners.

Is the body corporate a business?

No. A body corporate is a not for profit organisation and is not a business in its own right. This is confirmed by the Australian Taxation Office.  A Queensland body corporate is expressly not allowed to carry on a business.

Owners’ email addresses or phone numbers are private

Correct, but only to the extent they are not part of the body corporate records. Once they are on the body corporate record, other interested parties are entitled to them.

Can a body corporate evict a tenant?

No.

Ultimately, people who are tenants of lots are there under a tenancy agreement with the owner of the lot concerned. It is not for a body corporate to interfere with people’s individual property rights.

The Act does not refer to tenants.  It refers to occupiers – which means both long and short term tenants as well as their potential guests (and owners who live in the building).

A body corporate can do something about problem occupiers – as much as the process is unwieldy. The by-laws of the body corporate (which regulate how people relate to each other in the scheme and along with the overriding statutory obligation not to unreasonably interfere with other people’s use and enjoyment of their lots) can be enforced against owners and occupiers.

Our Latest Body Corporate News

When you need a Body Corporate lawyer for the first time many committee members find themselves in new and unfamiliar territory. When looking for a Body Corporate lawyer (whether it

If you want to see what Chris Irons and I think about how strata communities should deal with Coronavirus / Covid-19, please watch this facebook live recording. You won’t find a set of

Yes – that’s right.Chris Irons is starting with us, as reported in the Courier Mail. As the Commissioner for Body Corporate and Community Management for the past five years, Chris has been

It is incredible to think that Y2K was 20 years ago now, but doesn’t time fly? This is the easiest newsletter for the year. Our top articles in terms of click-through percentages for

The Queensland Government has announced proposed policy changes to rental law that will amend the Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act’). The proposed changes follow consultations with the community and have not

There has been a bit of recent publicity about this decision by a Queensland Magistrate for a body corporate at Fairway Island where the body corporate’s prohibition via a by-law on lot