Queensland body corporate notice of intention to start legal proceedings letter
$30-250 AUD
Closed
Posted 7 months ago
$30-250 AUD
Paid on delivery
My Gold Coast gated complex recently disputed whether security cameras were fitted in contravention of the Body Corporate and Community Management (BCCM) Act 1997, and whether they created a nuisance on common property. The BCCM authority dismissed one lot owner's adjudication request for the cameras to be removed on 18 October 2023. Owner submissions revealed the complex managers also pointed their security cameras away from the building without body corporate approval for more than a decade. The body corporate secretary was recorded on October 17 formally responding to concerns about the same cameras that the committee would not act on alterations that occurred more than six months ago because no court would hear that matter. I believe the matter could still be heard in court and would like to be quoted a rough price range for drafting a notice of intention to start legal proceedings against the body corporate for allegedly breaching the privacy of residents and visitors with compensation offered to all 170 residents. Alternatively, the body corporate may withdraw all restrictions imposed on owners that have prevented CCTV systems from being mounted to poles within their private lots, banned cameras that can automatically rotate and prohibited otherwise lawful filming of public areas (roads, driveways, front lawns, etc.). BCCM did not support those restrictions and only required cameras to not be used in a way that breaches owner-occupier obligations, which should be the body corporate's only requirement moving forward. Owners who earlier mounted cameras to poles but were forced to take them off for approval should be able to recover relocation costs from the body corporate. I can help research and draft letter wording, if we can reach a mutual agreement on rough pricing and timing. Please find the attached BCCM adjudication decision which contains the body corporate committee's current restrictions on cameras.
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