Commissioner’s Office jurisdiction is not unlimited

You can’t always get what you want – The Rolling Stones

While Adjudicators have extensive powers to resolve disputes in community titles schemes, they are not unlimited.

Below we answer some of the more common questions we get asked regarding the jurisdiction of the Body Corporate Commissioner’s Office.

Can an Adjudicator order lost rent?

No, they don’t have that power. They can dismiss that part of the Application so it can be decided in a court or tribunal with the power to order that.

Can an Adjudicator order interest on a sum to be reimbursed to an applicant?

No, they don’t have that power.

Can an Adjudicator order costs?

An Adjudicator may award costs:

1. to the applicant – only for the conciliation and adjudication application fees where the respondent failed, without reasonable excuse, to participate in conciliation; and
2. to the respondent – only up to $2,000 for loss relating to an adjudication application, where it is dismissed because it is frivolous, vexatious, misconceived or without substance.

Can an Adjudicator order repairs to property damaged by a breach of the BCCM Act?

Yes, limited to $10,000 for reimbursement for repairs already carried out and $75,000 for repairs to be carried out.

Where it exceeds those amounts, they can dismiss that part of the Application, so it can be decided in a court or tribunal with the power to order that.  

To discuss this topic, or body corporate issues more generally, contact our friendly team.

Read more Body Corporate Tips:

• Commissioner’s Office jurisdiction is not unlimited
• Reallocation of Exclusive Use Areas must be lodged within 3 months
• Steps to take for non-compliance with maintenance obligations
• Use by-laws to enforce Development Approval compliance
• Two quotations are required when above the Major Spending Limit