Legal

Legal articles relating to legislation, disputes and civil suits

Contributed By: Hynes Legal on

Bush lawyers abound out there in strataland. Someone heard from someone else that someone did something or got something and then that becomes the rumour that bounces around endlessly becoming the little spot fire that we then need to put out individually with clients when they ring to ask us: ‘I got told THIS — can we do that too?’ Valuers have it worse though. ‘So and so down the road got 5.6 times for their business so that means mine is worth 5.8 times.’ Leaving aside it was never contracted at 5.6 times in the first place, usually what has happened is the accountantRead More →

Contributed By: TheOnsiteManager.com.au on

Some strata communities – formerly known as Body Corporates – aren’t liable to pay tax. However, this is not applicable to all stratas, and wrongly assuming you are exempt from paying tax can lead to fines and even court proceedings. It’s important to get in the know about strata communities and tax liabilities so you can gauge whether or not you are liable. If you need more information or one-on-one advice about your own situation, it may be worth speaking to a strata specialist with corporate tax knowledge, such as the team at Abacus Strata. Here’s a quick overview of strata related Tax to helpRead More →

Contributed By: SSKB on

Water has an incredible ability to find its way into all sorts of strange places.  In community schemes, this can quickly fudge the outlines of who is responsible for water damage.  So who should you be talking to if you suffer water damage?  And what are you responsible for? For owners in a property with a Building Manager, this person should always be your first port of call in a case of water damage, as they will identify responsibility for repairs.  It is important to recognise responsibility is divided between the Owners Corporation or Body Corporate and individual lot owners.  Bodies corporate/owners corporations are generallyRead More →

Contributed By: Grant Mifsud of Archers the Strata Professionals on

Following on from the Queensland University of Technology (QUT) recommendations released in February 2017, a further 64 “final” recommendations have been released in a recent announcement made by Attorney-General and Minister for Justice and Minister for Training and Skills, The Honourable Yvette D’Ath. The report focuses on procedural issues under the Body Corporate and Community Management Act 1997. Of the 64 recommendations, 21 suggest that no changes! To give you an indication of the actual changes recommended, we have summarised these into procedural areas of General Meetings, Committees, Notices, Disputes and General. Highlights of the General Meeting changes focus on deemed service of notices taking into account postage, practical waysRead More →

Contributed By: Hynes Legal on

The Body Corporate and Community Management Act 1997 (BCCM Act) sets out a number of spending limits. Some of these intersect with others. Some need to go to general meeting and some depend on the number of lots in the scheme. The rules relating to them are scattered across the relevant Regulation Modules. This article sets them out in one place. The major categories of spending include the: committee spending limit (is a committee or general meeting required?) major spending limit (are two quotes needed?) common property improvement limit (what type of resolution is required depending on who is making the improvement?) The committee spending limit The default position for committeeRead More →

Contributed By: Small Myers Hughes on

I have had a number of managers come to me very concerned that their committee will not support an extension of their caretaking and letting agreements. They have the distinct impression that, if the committee does not support the “top-up”, any extension will not happen. Obviously, a top-up which is supported by the committee will invariably be passed at a General Meeting of the Owners Corporation/Body Corporate. A top-up that is not supported by the committee is going to be much more difficult to pass. However, don’t despair! As an owner of a lot, you have a right to place a motion on the agendaRead More →

TheOnsiteManager.com.au is delighted to announce that we have partnered with Hotspots Australia to ensure your smoke alarm and other compliance obligations are being met. With the recent changes in smoke alarm legislation in QLD we thought it was important to ensure our clients are up to date and ready to change. To read more about the changes in legislation see here Hotspots have created an exclusive package for onsite managers, combining smoke alarm compliance, general electrical and air conditioning work under one banner. In addition to the ease of dealing with just one trade, Hotspots also does not charge call out fees resulting in savingsRead More →

Contributed By: Short Punch & Greatorix on

(By Martin Punch of Short Punch & Greatorix Lawyers) Many court cases involve the interpretation of legislation, which in some cases leaves room for a variety of interpretations.  This has particularly been the case with management rights, which has resulted in expense which can easily be avoided if more thought was given in the first place to what the legislation should say, to avoid unintended consequences. Three management rights cases illustrate the problem:- The Rocks Case This case revolved around what information had to be in Forms 22a under the old PAMDA Act, in relation to charges made for services organised by a letting agent,Read More →

Contributed By: Short Punch & Greatorix on

Management Rights usually operate on the basis that the Manager acts strictly as a Letting Agent for the unit owners who wish to let out their units on a permanent or holiday let basis. However, in some cases Managers have been entering into what is commonly known in the industry as “lease back” agreements with some unit owners.  This involves the Manager agreeing to pay the unit owner a guaranteed rent on the basis that the Manager is entitled to keep all income received from renting out the unit. Lease back arrangements may be considered by some Managers and unit owners to be more commerciallyRead More →

Contributed By: Hynes Legal on

Hot on the heels of the lot entitlement review recommendations, we now have the recommendations paper in response to another of the BCCMA option papers. What is in this recommendations paper is not law, although it is what the QUT professors are suggesting should become law.  Responses to the paper can be lodged as detailed here and close on 5 May 2017. The recommendations paper (amongst other things) relates to: Towing of cars; Pets; Smoking; Overcrowding; Fining occupiers for breaching by-laws; Debt recovery costs; Australian addresses for service; and Scheme termination. Can anyone else smell an election coming on? There are 84 pages of recommendationsRead More →

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