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Property Law

Body corporate lawyers for Queensland unit buyers

A unit or townhouse comes with by-laws you must follow, levies you must pay, and whatever the scheme has been arguing about for the last five years. We read the records before you are committed, and tell you what you are actually joining.
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What a body corporate is, and what it can require of you

Buy a lot in a scheme and you become a member of it automatically.
When a property is part of a community titles scheme, which covers most units, townhouses and some duplexes, you own your lot and share ownership of the common property with every other owner.

The body corporate is all of you together, operating under the Body Corporate and Community Management Act 1997. It sets and collects levies, maintains the common property, and enforces by-laws that can govern pets, parking, renovations, short-term letting and what you can hang on your balcony.

Membership is not optional and the levies are not discretionary. If the scheme has under-funded its sinking fund, the shortfall becomes a special levy, and it lands on whoever owns the lot at the time.
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The records search is where the truth lives

The disclosure tells you the levies. The records tell you the story.
A seller of a lot in a scheme must give you a body corporate certificate as part of their disclosure, and it will tell you the current levies and some basics. It will not tell you that the scheme has been in dispute with a builder for two years, that the last three annual general meetings failed to reach a quorum, or that a defect report was tabled and quietly shelved. A body corporate records search will.

We review the minutes, the financial statements, the sinking fund forecast, the insurance and the by-laws, and we tell you what we found in plain English before your conditions run out. It is the single most useful thing you can do when buying into a scheme, and it is routinely skipped.
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Looking for a different property service?

Property matters rarely arrive one at a time. A sale funds a purchase, a lease sits under a business, an estate has a house in it. The pages below cover the rest of what we do, and if you are not sure where yours fits, call 0483 980 001 and we will point you the right way.

Buying a property

Selling a property

Conveyancing

Seller disclosure

Leasing a property

Family law

Commercial law

Wills and estates

OUR ACCREDITED NETWORK

Held to the standards the profession sets, not just our own.

Every Stanford Legal matter is guided by the professional bodies that set the standard for practice in Queensland, so you always know you're in trusted hands.
Why Stanford Legal

We read the minutes so you are not surprised by the levy

Nobody buys a unit hoping to read four years of body corporate minutes. That is our job. You get the summary that matters: what it costs, what you are not allowed to do, and whether the scheme is carrying a problem that is about to become yours.
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Meet your expert mortgage broker team

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Logan Stanford

Managing Director
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Victoria Eastwood

Legal Practice Director
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Janelle May

Practice Manager
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Jo-Anne Furlong

Associate Solicitor
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Laura Stuart

Senior Convayancer
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Ryder Simms-Reeve

Paralegal
TESTIMONIALS

Trusted by families across South East Queensland

Buyers across Springfield, Ipswich and Brisbane have leaned on us before committing to a scheme, and this is what they said.
"I simply can’t thank and commend Richie, Steven, Renata and the whole team at Stanford Financial enough for making my mortgage refinance as smooth as humanly possible."
Dan
Stanford Financial Client
"We are so Blessed with our new Home. Thanks to Stanford Legal, Laura was a joy to communicate with anytime we needed to enquire. Quick, reliable and very Trustworthy."
Katrina Emberson
Stanford Legal Client
"We are beyond grateful for Richie and the team at Stanford! 🙌🏻 Through every hurdle and challenge, they went exceptionally far to help get our application through."
Khirsten Mamangun
Stanford Financial Client
"One thing I always love and look for when choosing people to guide me is how much time and presence they give. They treated us like we were the only client they had."
Dragica Radosavljevic
Stanford Legal Client
"All the team at Stanford were good to deal with. If you're a Veteran struggling to get a loan approved because you're on Incaps, or Super, speak to them."
Stewart S
Stanford Financial Client
"This is the second time we’ve used stanford financial, and once again the experience was outstanding."
Blake Whitehead
Stanford Financial Client
"Phenomenal service. Thank you to the Stanford Legal team for all your help & guidance."
Bryony Winsor
Stanford Legal Client
"I can’t recommend Stanford legal enough. All 3 property sales have been seamless, professional and efficient. The team are amazing and will look after you."
Christie Johnston
Stanford Legal Client
"The team at Stanford Financial are brilliant! I was referred to them by a friend and dealing with them has been a fantastic experience."
Andrew Bell
Stanford Financial Client
"I honestly can't thank the team enough at Stanford Financial, especially Richie and Mitch! They both went above and beyond to get my finance sorted, and they did it all within 24 hours!"
Jamie Harris
Stanfor Financial Client
QUESTIONS

Frequently asked questions

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What is the difference between body corporate and strata?
They describe the same idea. Queensland legislation uses body corporate and community titles scheme, while strata is the term used in New South Wales and commonly in everyday speech. If you are buying in Queensland, the Body Corporate and Community Management Act 1997 is the law that applies.
What do body corporate levies actually pay for?
The administrative fund covers day to day running costs such as insurance, maintenance, management and utilities for common areas. The sinking fund is savings for major capital work like painting, roofing or lift replacement. A scheme that has kept its sinking fund healthy has lower risk of a special levy landing on you shortly after you move in.
Can the body corporate stop me renovating or having a pet?
By-laws can regulate a great deal, including renovations that affect common property, parking, noise and in some cases pets, though by-laws cannot be oppressive or unreasonable and there is a dispute resolution process through the Commissioner's office. The practical point is to read the by-laws before you buy rather than after, particularly if you have a pet, a boat or plans for the bathroom.
What is a body corporate records search and do I need one?
It is an inspection of the scheme's records: minutes, financial statements, sinking fund forecast, insurance and correspondence. You are not required to obtain one, but it is where problems show up, and we recommend it on every purchase in a scheme. It needs to be ordered early enough for the results to come back inside your conditional period.

We're here to help you.

Get in touch with us to help guide you through your legal challenges.
0483 980 001
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