Legal (Page 7)

Legal articles relating to legislation, disputes and civil suits

Contributed By: Barclay MiS on

We often hear complaints from our clients that when they attend Tribunal and /or Court, that they are not awarded any compensation, for instance, for the time taken to prepare an application to Tribunal/Court, or for the time taken in attendance at the Tribunal/Court. Many Property Managers have stated to us that when at Tribunal/Court they have applied for these items as compensation but it has been rejected. Certainly the management agreement between your agency and the landlord provides that the landlord will be responsible for your professional costs in preparation and attendance at Tribunal/Court, however the fact is that that agreement is between youRead More →

Contributed By: Short Punch & Greatorix on

In the Management Rights Industry, many building managers enter into Agreements with people who they consider to be independent contractors. Some of these “contractors” may attend to a number of the duties that are required of the Manager, pursuant to a Caretaking or Letting Agreement. However, it is important to be aware that even though the parties may consider themselves to be in a principal/independent contractor agreement, the relationship may, according to the law, be that of an employer and employee. The distinction is important because there are significant consequences if the true legal relationship is misinterpreted. For example, an employer is responsible for remitting group tax, paying statutoryRead More →

Contributed By: Hynes Legal on

Body corporate disputes can become very emotional things. This is the story of one of those. If there is one article you read this year from us, make it this one – because it is the most significant strata case in Queensland since the High Court’s decision on building defects. If you’ve spent any longer than five minutes in strata land, you come to realise that the single most important aspect of any body corporate is its requirement to act reasonably. We have written repeatedly about that, with the most recent newsletter here. In October last year, you may recall the story of a manRead More →

Contributed By: TheOnsiteManager on

As a new service to our onsite managers we have begun compiling a library of useful documents that assist in the day-to-day running of Management Rights. We’ve compiled these documents into a single location accessed under your account drop-down. Simply login and select USEFUL FORMS from the dropdown. Here you’ll find: The latest Form6 authority ready to give to your new owners and vendors to transact sales and manage listings. A pre-completed Form6 authorizing our agency to act. A blank Contract Of Sale document to sell community titled lots (ie: units) A blank Contract Of Sale document to sell a house A Tenant Application FormRead More →

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 →

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 →

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 →

Contributed By: Hynes Legal on

We don’t like being negative nellies, but sometimes we do need to talk about the things that go wrong in these newsletters. Alan Greenspan (the then Federal Reserve Chairman in the USA) coined the famous phrase ‘irrational exuberance’ in relation to the dot-com bubble of the late 1990’s, but it could apply to any boom since (and before – even back to the tulip boom of the 1600’s.) If you were to Australianise that phrase it would be along the lines of something being ‘too silly for words’. It is not for a lawyer to talk about risk when it comes to valuations / asset pricing asRead More →

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 →