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Body Corporate (Page 7)

In: Body Corporate, Legal, Uncategorized

Contributed By: Archers Body Corporate Management on

Throughout the year, unit owners are issued with a number of body corporate meeting notices. These notices could include information related to committee meetings, voting outside of committee meetings (known as flying minutes), and the annual general meeting. Current legislation specifies these notices must be issued within certain timeframes, which range from 7 – 21 days (including postage) from the date of the meeting. This timing ensures that unit owners and committee members have enough time to consider the contents of the notice to make informed decisions. The information in the annual general meeting notice is essential to unit owners, as it contains details about body corporate levies forRead More →

In: Body Corporate, Legal

Contributed By: Kerin Benson Lawyers Pty Ltd on

Pokemon Go is all over the news with stories of people walking out onto roads into the path of cars and others being lured into areas and then attacked. Someone has reportedly gone so far as to quit their job to play it full time. These are obviously extreme examples. What has been happening on a daily basis and which has only been touched upon in the news is that some property owners have been inundated with strangers entering their property when playing their game. This blog is to highlight some of the issues for owners corporations and community associations. First, what is Pokemon GO?Read More →

Smoking in Strata

In: Body Corporate

Contributed By: Hynes Legal on

We have no idea how we haven’t written about this issue before but in terms of frequently asked questions in strata this is one of the biggies. If you were a smoker you couldn’t help but feel a little threatened (and perhaps rather heavily taxed) given the range of legislated rules around smoking.  Smoking has now been banned in aged care facilities and one of the recent state government discussion papers on strata title laws specifically asked for comment about smoking in strata title schemes. And before anyone asks, no, we haven’t seen draft legislation or feedback from the government in relation to any ofRead More →

In: Body Corporate, Landlords, Tenants, Renting and Management, Legal

Contributed By: Hynes Legal on

We are definitely seeing more and more management rights businesses being created without the need to own a piece of real estate with them. This is particularly the case in new off the plan developments. Some of these are large enough to be purely standalone businesses, but most of them in smaller schemes seem to be designed to be able to operate on a standalone basis, but also as a ‘bolt on’ to an existing management rights business. We have written previously about things you need to consider when thinking about separating your management lot from your management rights business here. The key theme thereRead More →

In: Body Corporate, Legal

Contributed By: Hynes Legal on

Yes, we took that from the Godfather, but why not? It is one of the greatest lines ever delivered in a movie (and credit where it is due to Mario Puzo for writing it in the first place). Anyway, enough pop culture. We don’t need any distractions this early in the new year! We have written about bodies corporate and their obligations to act reasonably over the years and this newsletter is another example of the same principle. It started with 14 owners saying ‘no’ to an application made by our client for the grant of an exclusive use space (which required a resolution withoutRead More →

In: Body Corporate, Legal

Contributed By: Hynes Legal on

The Reserve is one of three large buildings in the one management rights portfolio at Varsity Lakes on the Gold Coast. It has been a very large enterprise from the day it was built so it is safe to say the collective value of the management rights enterprise is in the millions. Every management rights agreement is different. There are a few more standard ones you see around and about (one of which is ours), but you can never take for granted that the one you are looking at is the same as the next one (even if drafted by the same firm) because theyRead More →

In: Body Corporate, Legal

Contributed By: Short Punch & Greatorix on

Here at Short Punch & Greatorix Lawyers we do keep a watch out for what we call “rogue activity” conducted by Body Corporate committees and their chairpersons where they might impact on the business of the on-site Managers. When we see this happening, we particularly encourage our clients to act simultaneously in two directions. Firstly we encourage them to work with all of the owners on a process of informing the owners in the Scheme where the committee may be “off the rails” and may be acting unlawfully, not only to the detriment of the on- site Manager but in a manner that is likelyRead More →

In: Body Corporate, General Interest, Legal

Contributed By: Hynes Legal on

If you have even a passing interest in federal politics, you will have seen the furore over Bronwyn Bishop’s recent taxpayer funded chopper flight to a Liberal fundraiser which was only an hour or so away by car. No doubt it was the easiest $5,000 she ever spent at the time. When it came to light there was quite legitimate outrage about the spending, and the sole defence seems to be that it was ‘within guidelines’. Some guidelines they must be. It has since been paid back. And so no one thinks we are singling out the Liberals, if you want to see what happens on the ‘other’Read More →

In: Accounting and Finance, Body Corporate, General Interest, Legal

Contributed By: Archers Body Corporate Management on

Body corporate insurance is arguably the most important aspect of building management, but when it comes to using it, it can be difficult to understand what’s covered and what’s not. The basic principle of strata insurance is to provide cover for common property and the building’s structure. This means that the body corporate is responsible for all common areas and the structural elements of the building. Owners are typically responsible for the internal contents of their unit. There are some circumstances where the body corporate can provide cover for internal fixtures if they are classified as part of the building’s structure. For example, if an owner’s hot water systemRead More →

In: Body Corporate, General Interest

Contributed By: SSKB Strata Managers on

There is an entrenched belief in the industry that property market trends in Sydney and Melbourne tend to precede activity in the Queensland markets. The market in Brisbane and the Gold Coast has historically seen an upturn in property sales volumes as the southern markets ‘overheat’ and property values increase to the point where they are no longer seen as sustainable or affordable. Property investors then turn to markets where they perceive greater prospect of capital growth and return is available. However at the moment we are seeing strength in the apartment markets of Sydney, NSW; Melbourne, Victoria and southern QLD in both Brisbane andRead More →

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