Articles

36 Articles found

Management Rights, Leasebacks & Covid-19

By: John Mahoney
15 June 2021

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...

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Options, top-ups, variations, extensions – what’s the difference?

By: Amy ODonnell
25 February 2021

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...

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New Body Corporate Regulations

By: John Mahoney
25 February 2021

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...

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2020

Understanding your caretaking duties

By: William Kenny
22 December 2020

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...

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Is your buyer up to scratch?

By: Michelle Lim
22 December 2020

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...

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Educating new entrants and making assignments easier

By: Will Kenny
11 August 2020

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 &#...

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Management rights options and variations during COVID-19

By: Todd Garsden
5 May 2020

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...

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Covid-19 – Residential Tenancies

By: Amy ODonnell
27 April 2020

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...

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Statutory Remuneration Review Process

By: Ben Seccombe
20 February 2020

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

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You Cannot Be Serious!

By: John Mahoney
20 February 2020

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

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Victoria to limit term of management rights agreements

By: John Mahoney
15 January 2020

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...

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2019

The crucial difference between exercising options and top-ups

By: Amy Mckee
6 November 2019

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...

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Avoiding disputes

By: John Mahoney
31 October 2019

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...

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Stop reading this article

By: John Mahoney
31 October 2019

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...

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Mahoneys secures costs for resident manager in landmark QCAT victory

By: Mitchell Downes
25 January 2019

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...

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Why a lot owner deed is so important

By: John Mahoney
25 January 2019

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...

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2018

Three strikes and you’re out – but only if you play fair

By: John Forde
12 November 2018

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...

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War, what is it good for?

By: Will Kenny
2 November 2018

With so much at stake, Mahoneys recommends community title scheme managers work towards an amicable solution before pursuing litigation. In Mahoneys’ recent victory in

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A matter of trust: the fiduciary duties of body corporate committees

By: John Forde
31 October 2018

An exploration of how body corporate committee members have a legal responsibility to carry out their duties judiciously – particularly regarding the use of “informat...

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Mahoneys 又一次为小区经理取得胜利

By: Mitchell Downes
8 October 2018

Mahoneys 在QCAT法庭上又一次为昆士兰的物业管理经理群博得了胜利。 此次的审讯长达十天,双方展示的呈堂证供超过了两千页的宣...

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Mahoneys wins again for resident managers

By: Mitchell Downes
19 September 2018

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...

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行业快讯: 小区经理遭到Committee欺压怎么办?

By: Ben Seccombe
22 August 2018

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...

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Industry update: Caretaker bullying by bodies corporate

By: Ben Seccombe
8 August 2018

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...

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The goose, the golden egg and the assignment

By: John Mahoney
29 June 2018

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...

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Uncertainty around short term letting

By: John Mahoney
27 June 2018

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...

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Sellers beware

By: John Mahoney
17 January 2018

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

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2017

Multiple versions of POA Form 6 causing unnecessary concern

By: Nicole Cleary
24 August 2017

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...

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Lessons from The Rocks

By: John Mahoney
24 August 2017

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...

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Star Ratings System scrapped – What does this mean for your agreements?

By: Will Kenny
24 May 2017

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...

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Why you need expertise up front

By: John Mahoney
5 May 2017

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...

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Dealing with breach notices

By: Mitchell Downes
5 May 2017

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...

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2016

What have I bought?

By: John Mahoney
19 December 2016

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...

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The importance of letting appointments

By: Matthew Manz
19 December 2016

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

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I want my top up

By: John Mahoney
19 December 2016

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

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When all else fails, do you sack the committee?

By: John Mahoney
18 July 2016

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

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Making the most from POA

By: John Mahoney
15 February 2016

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...

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