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42 Articles found
By-laws cannot prevent holiday letting
By Mitchell Downes, partner at Mahoneys until 30 September 2021 after which time Mitchell will be practising as a barrister. This paper has been prepared in response to c...
MoreWhat makes a successful resident manager
Almost 30 years ago at the first management rights information seminar at which I presented, one of the first speakers was John Farmer, an older, very experienced managem...
MoreVictoria – Update on off-the-plan term limits
As we reported in early 2020 the Victorian Government introduced legislation which sought to limit the term of management rights put in place by the developer to a maximu...
MoreService Provider of the Year
Mahoneys has been awarded Australian Resident Accommodation Managers Association (ARAMA) Service Provider of the Year for the third year in a row. ARAMA is the peak body
MoreManaging Building Defects
Resident managers in new or near new complexes will be aware of the difficulties that can arise when dealing with building defects – particularly when they are extensiv...
MoreChange to Casual Employment Arrangements
Recent amendments to the Federal Fair Work Act 2009 have changed the workplace entitlements and obligations for casual employees. The changes came into effect on 27 March...
MoreManagement Rights, Leasebacks & Covid-19
As readers of previous articles I have written will be aware, I have never been a great fan of leasebacks. For those readers unfamiliar with the term “leasebackR...
MoreOptions, top-ups, variations, extensions – what’s the difference?
We have all heard these terms, and we all know that we need to be aware of the key dates in our management rights agreements, but what does it all mean? All management ri...
MoreNew Body Corporate Regulations
As some of you may have heard, a raft of new body corporate laws will commence 1 March 2021. Whilst most of the changes are administrative in nature, and will not direct...
More2020
Understanding your caretaking duties
There is no doubt that there are today many more disputes about caretaking duties. Most of these are a consequence of the body corporate’s expectations of what the mana...
MoreIs your buyer up to scratch?
In previous articles, we covered taking steps to prepare for your sale well in advance. To recap: Letting appointments – ensure they are assignable; Management rights a...
MoreEducating new entrants and making assignments easier
For some time now, there has been discussion amongst industry stakeholders about the need to simplify the assignment process. There have been proposals for creating an &#...
MoreManagement rights options and variations during COVID-19
Many things have changed for bodies corporate and resident managers and how they manage their affairs in light of the COVID-19 pandemic. However, one issue that has not c...
MoreCovid-19 – Residential Tenancies
We finally have some certainty in relation to the amended legislation for residential tenancies. Late on Wednesday night (22nd April 2020) the Queensland parliament passe...
MoreStatutory Remuneration Review Process
We are constantly surprised by how few people are aware that the Body Corporate and Community Management Act (BCCMA) contains a right to review either: (a) the duties to
MoreYou Cannot Be Serious!
In the many years in which I have been practising in the area of management rights I have heard some amazing, even unbelievable, stories. However I was genuinely shocked
MoreVictoria to limit term of management rights agreements
In a move which has caught the industry by surprise the Victorian Government has introduced legislation which seeks to limit the term of management rights put in place by...
More2019
The crucial difference between exercising options and top-ups
A troublesome element of management rights legislation is the difference between exercising a current option and ‘topping up’. Here, we explain where the confusion li...
MoreAvoiding disputes
As I began to gather my thoughts before writing this article, I thought back to the night of the ARAMA awards presentation evening and to the two managers of the year (pe...
MoreStop reading this article
Instead, go and check the option exercise dates in your management rights agreements and deeds of variation where you or a previous manager may have added a further optio...
MoreMahoneys secures costs for resident manager in landmark QCAT victory
Recently, Mahoneys acted for a resident manager in a termination dispute with the Body Corporate. The trial lasted 10 days. Our client, the resident manager, was successf...
MoreWhy a lot owner deed is so important
A recent decision of the Office of the Commissioner for Body Corporate and Community Management (OCBCCM) has highlighted the importance of complying with the ‘lot owner...
More2018
Three strikes and you’re out – but only if you play fair
We are pleased to announce a further victory for one of our resident manager clients in the Queensland Civil and Administrative Appeal Tribunal. In this matter the Body C...
MoreWar, what is it good for?
With so much at stake, Mahoneys recommends community title scheme managers work towards an amicable solution before pursuing litigation. In Mahoneys’ recent victory in
MoreA matter of trust: the fiduciary duties of body corporate committees
An exploration of how body corporate committee members have a legal responsibility to carry out their duties judiciously – particularly regarding the use of “informat...
MoreMahoneys wins again for resident managers
Mahoneys has secured yet another win for resident managers in the Queensland Civil and Administrative Tribunal. The trial was hard fought over 10 days of hearing. There w...
More行业快讯： 小区经理遭到Committee欺压怎么办?
早在2015年，Mahoneys律师行为小区经理在昆州成功的对于workplace bullying提出昆士兰第一件成功的诉讼案。这一步引领着行业为小区...
MoreIndustry update: Caretaker bullying by bodies corporate
Back in 2015, Mahoneys acted for the first caretaker recognised by the Fair Work Commission as a ‘worker’ for the purposes of a workplace bullying action and we conti...
MoreThe goose, the golden egg and the assignment
In an article I wrote some 5 years ago I expressed concern at a trend in management rights of inexperienced managers being sold management rights on promises of minimal w...
MoreUncertainty around short term letting
For a variety of reasons we have in recent months fielded many enquiries about short term lettings. Some clients have wanted to prevent Airbnb, some have wanted to stop l...
MoreSellers beware
At a recent forum held on the Gold Coast and attended by most of the leading management rights lawyers, accountants, real estate agents and finance brokers, overwhelming
More2017
Multiple versions of POA Form 6 causing unnecessary concern
Most of our readers will be aware of the multiple versions of the POA form 6 that have been released by the Office of Fair Trading (OFT) since the from was first introduc...
MoreLessons from The Rocks
Following the successful Court of Appeal decision relating to the resident manager at The Rocks Resort at Currumbin, it is appropriate to look at what lessons other manag...
MoreStar Ratings System scrapped – What does this mean for your agreements?
From 30 June 2017, an accommodation scheme which has received an official accreditation from Star Ratings Australia will no longer be recognised. The ratings system, whic...
MoreWhy you need expertise up front
Perhaps unsurprisingly many new entrants to the management rights industry look to save money on legal and other fees when buying management rights. Despite often risking...
MoreDealing with breach notices
Breach notices and remedial action notices should be taken seriously and acted on immediately. Whilst this may sound obvious our litigation team has been surprised in rec...
More2016
What have I bought?
I was recently asked to speak at a function where the attendees were predominantly resident managers who had purchased their businesses in the past 1 to 3 years. We at Ma...
MoreThe importance of letting appointments
A letting appointment is a manager’s contract with an owner. That contract authorises a manager to let an owner’s lot. If there is no valid contract in place, or the
MoreI want my top up
Top ups, the process by which the term of management rights agreements are extended, is an essential component of the management rights industry and why these businesses
MoreWhen all else fails, do you sack the committee?
Experience in the management rights industry gained over more than 25 years tells me that the best run buildings are those where there is a genuine spirit of cooperation
MoreMaking the most from POA
By the time this article is published I expect that the ARAMA Roadshow being conducted throughout the State will be all but over. Starting in Brisbane and winding up in C...
More