Sunday, 11 October 2015

Legal Ease

Dealing with nuisance owners

Dollarphotoclub 54961204A recent decision of the Office of the Commissioner for Body Corporate and Community Management sets a useful precedent in how a body corporate or a resident manager can deal with nuisance correspondence from lot owners.

What's The Fuss?

Dollarphotoclub 84368534Most readers of this publication will have heard at least something about a recent QCAT decision that is having an impact on the lending by banks to the management rights industry.

..and now for something completely different

John Punch 11 300x225We constantly hear in the media and from the politicians in Canberra that the purchasing of residential properties by overseas buyers is harmful to the ordinary Australian and something to be stopped.

BCCM act review and the change of government – what now?

Mahoney 8982 1 300x225As part of its review and overhaul of the state's property legislation the previous LNP government had appointed a panel of property law experts to conduct a review of the Body Corporate and Community Management Act.

Is your motel, tourist park or hostel ready for sale?

222-mgt-Legal Ease-Trent Pevy  Ryan Johnstone 2 300x225We often say to our accommodation industry clients that listing your motel, tourist park or hostel for sale is the easy bit.

New POA presents new opportunities

John Mahoney 11 300x225I doubt if there are any resident managers in Queensland who are not aware of the end of the property Agents and Motor Dealers Act and the commencement of the new Property Occupiers Act from 1 December 2014.

Employment agreements for on-site staff and husband and wife managers

RN202-SR-Tony OConnor 300x225The landscape of industrial law can be a minefield.

To trust or not to trust

John Mahoney 11 300x225In an article I wrote a few months ago I discussed the position that the Office of Fair Trading had adopted, principally on the Sunshine Coast about funds being deposited into resident managers' trust accounts when the funds were not actually trust funds.

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.