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Body Corporate (Page 7)

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 →

In: Body Corporate, Legal

Contributed By: Hynes Legal on

Under the Work Health and Safety Act  there are a range of codes of practice that have been issued by Safe Work Australia. As you would expect, there is a code of practice about managing the risks of falls at workplaces (the Code). A management rights business remains a far less risky business from a work, health and safety perspective than most industries. If you subscribe to Safe Work Australia’s updatesyou will receive regular emails about far more serious injuries than are ever likely to occur in a management rights context. There are some unfortunate (and regular) reminders of the dangers of working with heavy machinery. Working at heights in aRead More →

In: Body Corporate, Legal

Contributed By: Hynes Legal on

Everyone (probably) knows that there are a maximum of seven voting committee positions for a committee formed under the Body Corporate and Community Management Act 1997 (BCCM Act).  These are the chairperson, the secretary, the treasurer and then four ‘ordinary’ committee positions. The question that sometimes arises is what each of these people are responsible for. It is quite interesting (and perhaps that’s just the lawyer in us) in terms of what most committees fall back to as a default position as against what the BCCM Act actually prescribes. Those default positions are not necessarily the legislative requirements. The first distinction to draw is between executive committeeRead More →

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