Committee Members Legal Costs – can you reimburse them? There are a number of very strict requirements that have to be adhered to for a Body Corporate to lawfully pay the legal costs of one or more of its committee members.
The recent QCAT decision of
Pead v Chambers & Anor (No. 2) [2021] QCATA 3 illustrates how difficult it can be to get it right.
The
Pead case arose out of a disagreement between the Body Corporate and the operator of the “Miami Rice” Restaurant in the building. The restaurant occupier was using the carpark associated with the restaurant lot as a store room. Three Committee Members, including Pead, went down to the car park area, one armed with a hammer, to dismantle the storage cage.