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In our last bulletin we talked about our view that we are moving into a tighter credit environment in which bank lending guidelines will become stricter. We also talked about challenges existing borrowers are having with annual business loan reviews and extended interest only periods. The reaction to this bulletin has been remarkable with many business borrowers expressing concern around a range of experiences they are having with their lender. To be frank some of the concerns raised with us are of the borrower’s own making and reflected a lack of understanding of the terms and conditions of the loan. In many cases we haveRead More →

Some time ago I published an article on what I thought was reasonable for a Body Corporate to request from a buyer of management rights, in considering whether or not a Body Corporate committee should consent to the transfer of management rights agreements to the buyer (See the original article here). This is an important issue, because under the Body Corporate and Community Management legislation, a Body Corporate committee must not unreasonably withhold approval to a transfer. Under the legislation, one of the matters which a Body Corporate committee may have regard to is the financial standing of the proposed transferee. My opinion as expressed in my previous article wasRead 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 →

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