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Legal + Accounting
02 September 2007
by Clayton Glenister, AssociateMcDonald Balanda & AssociatesGeneral CommentsAn experienced buyer of Management Rights when looking to buy off the ...
A Great Win For Management Rights
05 January 2008
By Small Myers Hughes LawyersHave we finally seen the end of the “delegation” argument in New South Wales?For those long term readers of Resort News, ...
An important warning for Owners Corporations in NSW
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11 March 2007
By Small Myers Hughes LawyersIn the recent case of Seiwa Pty Ltd v Owners Strata Plan 35042 1157, the NSW Supreme Court gave a judgment which could be...
Anatomy of an Assignment of Management Rights
09 July 2006
The decision of a body corporate in relation to a request for consent to the transfer of management rights (?assignment?) is a very serious matter...
Angry Owners, Shots Fired, Back To The Old Rules
15 March 2010
In February 2009 an angry lot owner fired a bullet at a Gold Coast penthouse amid a bitter body corporate fee feud that is dividing bodies corporate a...
Another resident managers option is saved
29 January 2009
It is extremely unusual to see instances of disputes between managers in the same complex, primarily because there are very rarely buildings with diff...
Appeal reinstates five year option for RUM
03 November 2008
Hynes Lawyers recently represented a resident manager who successfully appealed against an adjudicator’s decision.The case arose out of a general meet...
Asbestos in the workplace, landlords take note!
21 October 2009
Owners of commercial and industrial properties built before 1 January 1990 which are used as workplaces must ensure that any asbestos containing mater...
Associate contracts, you must know the rule
18 September 2009
We have recently been retained by a manager whose management rights were in grave danger of being terminated for entering into a contract with an Asso...
Be cautious when renewing your Caretaking Agreements
22 September 2006
By Small Myers Hughes LawyersAs I have pointed out an numerous occasions in prior articles, there are two types of Caretaker Agreement in New South Wa...
Body corporate regulated the length of a tenancy.
03 January 2010
With the annual schoolies ‘festival’ there has been a lot of press and other comment about the ability of a body corporate to restrict schoolies style...
Breach notices require urgent action
18 November 2009
We have seen a very sharp rise in the number of breach notices being issued to caretakers across the State.A committee should only issue a breach noti...
Breaches of Codes of Conduct
26 April 2010
There are two codes of conduct for resident managers under the BCCM Act...
Buying Management Rights in NSW - part II
18 August 2008
I know that this sounds basic but it is really important to understand what you are buying when you decide on purchasing management rights in New Sout...
Car Parking - Management Rights Complex
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17 January 2008
By Frank Higginson of Hynes Lawyers One type of problem arises where owners have been parking their cars in accordance with numbers which are painted ...
Changes to the Retirement Villages Act 1999
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09 July 2006
This fact sheet explains major changes to the Retirement Villages Act 1999 (the Act) that will affect retirement village operators and residents in Qu...
Deposit Bond in Lieu of Deposit Leads to Termination
07 April 2009
The Supreme Court of Victoria has found that payment to a Vendor under a deposit bond for security of deposit money in a contract for the sale of land...
Did you know?
10 March 2007
As an on-site property manager, under Section 13 of the Property Agents and Motor Dealers Act 2001 (PAMD) you must display your licence description in...
Do not forget your option
17 June 2010
The actual length of the term of a management rights agreement can be expressed in two very different ways.Some agreements are simply for a set term (...
Do not forget your option
19 July 2010
The actual length of the term of a management rights agreement can be expressed in two very different ways.Some agreements are simply for a set term (...
Dont forget to exercise your option
07 January 2008
By Small Myers Hughes LawyersScenario (Qld or NSW)You have recently purchased management rights in a building and paid a high multiplier, partly becau...
Effect of termination of a tenancy under s.151
09 July 2006
When a tenancy is terminated as provided in the legislation, the parties to the agreement are no longer bound by that agreement, but the parties may s...
End of financial year tips - Getting ready for selling
15 July 2008
As the management rights market catches its breath, along with most things property related, it is time for everyone to make sure their business affai...
End of Year Approaches
09 July 2006
With the oncoming end of financial year there are a few things management rights owners need to consider to assist both themselves, their accountants ...
Examin All Options
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09 July 2006
Leading up to the end of each financial year, there are many Managers who wish to sell their management rights, however for tax and other reasons do n...
Fit Out Incentives, The Tax Benefits
15 March 2010
Commercial Tenants are enjoying attractive lease proposals from landlords desperate to have their premises occupied during these tough economic times....
Forcing the hard decision
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21 December 2008
One of the main aims of the BCCM Act is to have bodies corporate self govern...
Foreign Investment Approval Process
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03 March 2009
Recent Changes To The Foreign Investment Review Board Approval Process For Purchase Of Residential Property By ForeignersNew changes to the Foreign In...
Fully featured management rights software to manage
09 July 2006
While you?ve been carefully developing your property, we?ve been busy developing superior, fully featured management rights software to manage and...
Garden Maintenance
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17 January 2008
By Frank Higginson of Hynes Lawyers It is common for managers in permanent let management rights complexes to have arrangements in place for the mowin...
Hang On a Minute
26 April 2010
If you are a Resident Unit Manager then you are also a non-voting member of the Body Corporate committee...
Introducing the new Qantas American Express Card
09 July 2006
American Express asked us if we would be interested in promoting their new QANTAS American Express Cards to our members and we said sure in return for...
Introduction to New Zealand Management Rights
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15 March 2007
By AlexanderDorrington LawyersThe creation and sale of management rights in a multi-site development is an increasingly common practice in New Zealand...
Knowing your management rights agreement
11 February 2010
Welcome to the new decade!A recent supreme court decision in New South Wales has cast more legal light on the issues surrounding options in management...
Land Tax Grab
15 March 2010
Proposed changes to the Valuation of Land ActThe Queensland Government has delayed the implementation of amendments to the Valuation of Land Act 1944 ...
Lease Assignments: Corporate Tenants - Dont Be Caught Out
18 September 2009
When a tenant enters into an agreement with a landlord to lease commercial or retail premises, the lease will usually contain a requirement that durin...
Legal Specialist in Qld + NSW
07 September 2006
Whilst Small Myers Hughes (SMH) is a Gold Coast based law firm, its clients scattered throughout all areas of Queensland and New South Wales.TWO STATE...
Lot entitlement disputes
24 June 2009
Lot entitlement disputes have been attracting substantial press recently, and a large number of our clients have asked us about the background to the ...
Lot Entitlements – To Change or Not To Change
19 July 2010
In February 2010, redchip lawyers in this blog flagged proposed changes to body corporate contribution lot entitlements by Gold Coast MP, Mr Peter Law...
Multiplying the multiplier
22 July 2008
Recently one of our leading accounting firms hosted a tax planning and management rights industry seminar and they asked if I could include a presenta...
Never Ever Give Up
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17 May 2010
The position a committee takes on a matter can hold a fair degree of sway with owners...
New Asbestos Laws apply NOW Do you comply?
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25 March 2007
New Asbestos Laws apply NOW Do you comply? As from 1st January 2006 the asbestos laws in Queensland changed...
New transfer provisions finally arrive
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22 August 2008
After months of speculation, the State Government’s amendments to the Regulation Modules that will govern bodies corporate and the management rights i...
Off Plan Purchases
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09 July 2006
With the growth of population and inbound tourism in Queensland continuing there is a strong development market for holiday and permanent unit complex...
Partnership agreements, is it just fee creation
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15 July 2008
Partnerships within management rights businesses are becoming more popular...
Predominance Revisited
17 June 2010
The Adjudicator’s decision in Seapoint CTS 8504 (0955-2009) adds two important new factors for consideration when Bodies Corporate change from the Sta...
Pro-actively negotiate disputes over caretaking duties
20 August 2009
When it comes to situations of conflict in management rights situations, one of the major causes is the difference of interpretation over the nature o...
Regulation of Management Rights in Victoria
21 December 2008
The use of on-site managers is commonplace in the serviced and holiday apartment industry throughout Australia...
Residential Premises for GST
19 May 2009
Only Shelter and Basic Living Facilities Required: South SteyneAn e-Alert from the Tax and Property & Construction GroupThe Federal Court has foun...
Restraints of trade
07 September 2008
Most owners of management rights businesses would be aware that, with the right licensing, they can sell lots in their (and others) buildings...
Retail Leases - Restrictive Agreements and Trade Practices
03 January 2010
The ACCC has recently signalled increased focus on retail leasing and the behaviour of both landlords and tenants...
Reviewing Your Letting Appointments
21 October 2009
It has been a while since we have sent a newsletter about letting appointments, so we thought it timely to give everyone a reminder about the current ...
Save For Retirement and Manage Your Tax Position
09 July 2006
The Federal Government?s recent Budget announcements confirm that its intention is to simplify the confusing superannuation rules and reduce tax on ...
Sustainability and By-Laws Part II
19 July 2010
Since our article in March 2010 titled ‘Sustainability and By-laws – The Nitty Gritty’ which covered the Building and Other Legislation Act 2009 and i...
Take Care to Maintain
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17 May 2010
It is important to note that statutory maintenance obligations imposed on Bodies Corporate give rise to a duty of care...
Termination of Caretaking Agreements
03 December 2006
By Small Myers Hughes LawyersWhat to look out forAn Owners Corporation can take steps to terminate a Caretaking Agreement in New South Wales in one of...
The Building Energy Efficiency Disclosure Bill 2010
17 May 2010
Just as commercial real estate agents thought that “all things environmental” relating to property were only issues for residential real estate agents...
The different definitions of a community
15 March 2010
One of the ‘joys’ of the management rights industry is that there are no two identical management rights businesses...
THE NEW TENANCY TRIBUNAL
07 April 2009
As many of you may be aware we are due to start our new Queensland Civil & Administrative Tribunal Bill (QCAT) in the second half this year.QCA...
Unfair Body Corporate By-Laws - What to do
03 January 2010
Sometimes it’s just plain not fair…you have bought a lot within a community titles scheme or as a current owner your circumstances change and suddenly...
Unit owners and Guests not in your Rental Pool
25 March 2007
By Small Myers Hughes LawyersI frequently receive calls from clients wanting to know what obligations they have as on-site letting agents to provide ‘...
Unsold Developer Stock in Letting Pool
19 May 2009
One of the issues confronting people buying management rights businesses off the plan in a slowing property market is unsold developer stock.Back in t...
Varying agreements without an EGM
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03 March 2009
After having reviewed literally hundreds of management agreements over the years, we think it is safe to say that there is very rarely an agreement th...
When to tell your body corporate you are selling
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19 July 2010
Conventional wisdom in the management industry is not to tell your body corporate you are selling until your contract is unconditional...
Who should attend small-claims hearing
09 July 2006
The Small Claims Tribunal Act 1973 provides that the hearings of claims in the tribunal shall be held in private and not open to the general public...
Withholding consent to transfer MRs
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16 July 2009
Happy new financial year!We often act for resident managers that are confronted by a body corporate that wants to renegotiate the management rights ag...
Workplace inspectors put accommodation industry in hot-seat
24 March 2009
Federal and State workplace inspectors converged on Wollongong last month for a two-day blitz on the accommodation industry.They randomly targeted 20 ...
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The information contained in this web site is for general interest only, it is not intended as legal advice, nor are we qualified to provide such advice. Users should always seek professional advice from qualified solicitors.
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