The Resident Dispute Playbook: How Queensland Onsite Managers Handle Noise, Pets, Parking and Smoke

Noise after midnight, a dog in the lift, a car in someone else's bay, smoke drifting onto a balcony. For Queensland onsite managers, resident disputes are part of the job. Handle them well and the committee trusts you. Handle them badly and you can end up in the middle of a BCCM application. Here is a practical playbook based on the Body Corporate and Community Management Act 1997 (BCCM Act).

Know your role

As caretaker, you don't decide by-law enforcement. The committee does, acting for the body corporate (BCCM Act s 100). Your job is set by your agreement and the Schedule 2 code of conduct: act honestly, fairly and professionally, use reasonable skill, care and diligence, and keep the body corporate informed of any significant issue. In practice, that means you stay neutral, record the facts and pass them on quickly.

Noise and smoke: the nuisance rule

Section 167 says an occupier must not use a lot or the common property in a way that causes a nuisance or hazard, or interferes unreasonably with another person's use or enjoyment of their lot or the common property. Since the 2023 amendments, it also expressly covers regular smoke drift: if someone regularly smokes and a neighbour is regularly exposed to it, that is a breach. Section 169A lets by-laws ban or restrict smoking on common property and outdoor areas like balconies.

Pets: no blanket bans

Section 169B means a by-law can't ban animals or limit their number, type or size. A by-law can require written approval, and approval can come with reasonable conditions, like a leash or carrier in the lift. But approval can't be unreasonably withheld, and refusing because "no pets are allowed" is declared unreasonable. Make sure residents get the approval form, and log dates so the committee can meet its decision timeframe.

Parking: towing has rules too

Section 163A allows a body corporate to tow a vehicle from common property, but only under another Act or otherwise according to law. Don't arrange a tow yourself unless the committee has authorised it and the process has been checked.

Contravention notices: the formal step

If a breach is ongoing or likely to happen again, the body corporate can issue a continuing or future contravention notice (ss 182 and 183). Failing to comply carries a maximum penalty of 20 penalty units. A resident who wants action uses the approved form to ask the body corporate to issue a notice. If the body corporate doesn't tell them within 14 days that the notice has been issued, they can apply to the BCCM Commissioner (ss 184 to 185).

Escalation: BCCM, then QCAT

An applicant must first make reasonable attempts at internal dispute resolution (s 238), such as talking, writing to the committee or putting a motion to a general meeting. After that comes conciliation or adjudication with the BCCM Commissioner. Urgent interim orders are available where there is a risk of injury, serious damage or serious nuisance (s 186). An adjudicator's order can be appealed to QCAT's Appeal Tribunal only on a question of law, and the appeal must be started within 6 weeks (ss 289 and 290).

Practical checklist for onsite managers

• Keep a dated incident log with photos, times and witnesses. Opinions don't belong in it.
• Quote the exact by-law or BCCM Act section in your report to the committee.
• Give residents the same information each time, and don't take sides.
• Point residents to the approved forms rather than promising an outcome.
• Raise urgent safety issues with the committee the same day.

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Sources: Body Corporate and Community Management Act 1997 (Qld) ss 100, 163A, 167, 169A, 169B, 182, 183, 184, 185, 186, 238, 289, 290 and Schedule 2 (legislation.qld.gov.au, current version).

General information only, not legal advice. Your scheme's by-laws, regulation module and agreements will affect the outcome. Get advice from a strata lawyer or the BCCM Office before you act.