Legal Ease

What is the future at law of our strata titled buildings?

John Punch 11 1 300x226I would like to share with readers some of my thoughts and the details of an interesting matter I recently handled that covers the legalities of what happens when a building could be approaching its "use by date".

When will they ever learn?

John Mahoney 11 300x256It is a source of constant amazement that bodies corporate, and quite often their lawyers, take on battles against resident managers that they cannot win.

Fair’s fair

AN65-4-MGT-Legal-Ease 300x225There are two issues relating to management rights sales that are at the moment causing concern to buyers and sellers of management rights, and body corporate committees, and their legal advisors.

OFT Action Catches Managers by Surprise

AN65-1-Legal Ease 300x225Recent action by Office of Fair Trading investigators, particularly on the Sunshine Coast, has caught a number of managers by surprise.

From PAMDA to POA - slowly

John Mahoney 11 300x256It had been expected that the new Property Occupiers Act would have been in place at about this time but as the government deals with some last minute tweaking of the legislation, its commencement is likely to be delayed until the second half of the year.

Protection of forward bookings - some practical advice

Martin-Punch-11 4 300x225This article deals with a subject that regularly crops up at ARAMA forums. A manager in a holiday letting complex can be in a difficult situation if an owner of a unit in the letting pool sells the unit to a buyer who for some reason does not want the unit to remain in the letting pool.

Watergate – the complete story

CourtofAppealA number of articles in a variety of publications have covered the recent decision of the Victorian Court of Appeal involving the use of class 2 buildings for short term accommodation. Most of the articles, including those written by me, have been relatively brief, focussing on the points that are critical to our industry.

We’re From the Government and We’re Here to Help

AN59-4-MGT-Legal Ease 300x252The Queensland government, having conducted a major review of the PAMDA legislation has now introduced a bill (Property Occupations Bill 2013) that will replace the provisions of PAMDA that regulate agents dealing with real estate.

Let’s not kill the goose!

Room Keys MotelIt would be an understatement to say that management rights has been one of the most successful businesses in Australia over the past 2 or 3 decades.

Letting Agency Issues

AN55-4-MGT-Legal-EaseIt is good to see that recently ARAMA has concentrated on reinvigorating the management rights arrangements for all existing managers who are members by holding workshops to cover particularly the onsite manager's letting agency.

Another victory for highrise resident manager

Surfers ParadiseIn a resounding victory for our client a resident manager of a large Surfers Paradise highrise building, the Queensland Civil and Administrative Tribunal:

Class 2 dilemma goes on

GavelMost readers of this article will have read reports of the recent decision of the Supreme Court of Victoria regarding the ability to use class 2 buildings (like most holiday and short term apartment buildings in Brisbane and the east coast of Australia) for short term and holiday accommodation.

Injury victim “cleans up” in court

Law GenericOn the 2 April this year the Court of Appeal in Queensland delivered a judgment against the operators of serviced apartments in Brisbane, which should cause managers to reflect upon processes and systems connected with the routine maintenance and cleaning of apartments.  

Avoid the risks - be alert but not alarmed

RiskIn the last couple of years we have seen a fairly significant increase in the number of resident managers having difficulties in their businesses.

Proper prior planning prevents poor performance

199-Legal Ease-Matthew ManzSellers of management rights will be intimately familiar with this course of events.

Management rights disputes

DisputeIn December 2012 the Queensland government announced that it would undertake a review of the Queensland Civil and Administrative Tribunal Act 2009 and is taking submissions from interested parties.

Buying off-the-plan? Let the developer choose your lawyer!

plansI guess I should not have been surprised that protecting our clients against ridiculously uncommercial off-the-plan deals should have put us offside with a developer.