Articles

44 Articles found

Discrimination in Bodies Corporate

By: Jarrod Clarke
28 January 2021

In addition to specific body corporate legislation and regulations, bodies corporate are bound by other acts. An area that is not regularly considered by bodies corporate...

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Are you ready for the new regulation modules?

By: Todd Garsden
20 January 2021

This article summarises the changes and what body corporate managers need to do (in addition to communicating the changes to their clients) before the new regulation modu...

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2020

Leasing or licencing common property

By: Todd Garsden
9 December 2020

If the common property is going to be used in a way which is substantial, permanent or could interfere with another person’s use of the common property, some form o...

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Presumption of Regularity in Bodies Corporate

By: Jarrod Clarke
30 November 2020

A recent decision by QCAT has applied the “presumption of regularity” in a way that could shape future OCBCCM decisions. The presumption of regularity is a ra...

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Selling common property

By: Todd Garsden
19 November 2020

Our previous article discussed a number of ways in which car parks in a scheme can be created and swapped. One of those options was the sale of common property by transfe...

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Car park reconfiguration

By: Todd Garsden
12 November 2020

Parking, one of the four “Ps” for bodies corporate, is a common problem area that body corporate committees have to deal with. One request that is becoming mo...

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Removing an elected Body Corporate Committee Member

By: Jarrod Clarke
23 October 2020

Body corporate committees are comprised of lot owners or individuals authorised to represent lot owners. But for restricted matters, committees have broad powers to act f...

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Marina berths in bodies corporate

By: Todd Garsden
23 October 2020

A marina berth can be a selling point for a community title scheme – if the body corporate is on the water, a marina berth is a great way to give lot owners direct acce...

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Caretaking agreements and negative inflation

By: Todd Garsden
7 October 2020

As a general rule, the remuneration under a caretaking agreement increases every year. However with a negative annual inflation rate (or CPI), for only the third time in

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Defamation in bodies corporate

By: Ben Sandford
15 September 2020

It’s an all too common occurrence – tempers can flare when people are forced to come into contact with others that they wouldn’t usually associate with. Whe...

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Development offences in bodies corporate

By: Ben Sandford
15 September 2020

In Queensland the Planning Act (2016) provides the framework under which all residential development work is performed. When a new building is approved by the local counc...

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Recovering body corporate costs from owners

By: Todd Garsden
15 September 2020

Aside from the recovery of levies, the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) gives bodies corporate a number of specific protections to allow cos...

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Changing the body corporate’s financial year

By: Todd Garsden
10 September 2020

The body corporate’s financial year is different to the financial year most people are familiar with – it does not commence 1 July each year, but rather, it is ba...

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Management rights assignments for bodies corporate

By: Todd Garsden
7 August 2020

Despite the body corporate being a party to the management rights agreements (Agreements), they are usually only involved toward the end of the assignment process. If the...

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Maintenance obligations

By: Mahoneys
17 July 2020

Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The general position...

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Dealing with Body Corporate disputes

By: Mahoneys
17 July 2020

In bodies corporate it is inevitable that, from time to time, disputes will occur. Fortunately, in Queensland there are numerous cost-effective avenues available to assis...

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Maintenance obligations

By: Todd Garsden
3 July 2020

Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The general posi...

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Dealing with Body Corporate Disputes

By: Ben Seccombe
3 July 2020

In bodies corporate it is inevitable that, from time to time, disputes will occur. Fortunately, in Queensland there are numerous cost-effective avenues available to assis...

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Social distancing requirements for bodies corporate?

By: Todd Garsden
19 June 2020

There have been over 60 public health directives issued by the Queensland Health Department since the start of COVID – almost 20 different public health directions

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Making sure your by-laws are correct

By: Todd Garsden
29 May 2020

Given the recent lockdowns that have forced many occupiers to spend more time within their lots, interferences between occupiers have been tested to their limits. Committ...

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Statutory reviews – a process to change your caretaking agreement

By: Ben Seccombe
29 May 2020

When a new community title scheme is established the developer has an obligation – to both the body corporate and the caretaker – to ensure the caretaking agr...

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Reopening pools in a body corporate because of COVID-19

By: Todd Garsden
15 May 2020

Pools can now be reopened after 15 May 2020. The Queensland Government has released its roadmap to easing restrictions. As part of that roadmap, the first stage includes

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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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Liability for Building Defects

By: Ben Seccombe
1 May 2020

An issue that arises frequently in strata title buildings is building defects. Despite many laws being passed to help consumers with COVID-19 related issues, the responsi...

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Body corporate spending limits

By: Todd Garsden
29 April 2020

As finances become tight during COVID 19, it is important that bodies corporate and body corporate managers ensure costs are properly managed. That includes complying wit...

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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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Body corporate cost cutting during COVID-19

By: Todd Garsden
23 April 2020

Body corporate levies are one of the first items of expenditure owners don’t pay in tough times. Committees need to be aware of this and the consequences of: reduci...

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Levy recovery during COVID-19

By: Todd Garsden
17 April 2020

Even though body corporate legislation has not changed with respect to levy recovery, the circumstances surrounding levy recovery and insolvency legislation has. This alt...

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Closing facilities in a body corporate

By: Todd Garsden
14 April 2020

It has been well publicised that bodies corporate must close their swimming pools. However, how that is to take place has been a practical issue begging more questions th...

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How to manage work orders during COVID-19

By: Todd Garsden
7 April 2020

This guidance for bodies corporate and body corporate managers is to provide a way to manage risks in carrying out work orders onsite and comprises: a template register f...

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COVID-19 guidance for bodies corporate

By: Todd Garsden
31 March 2020

Guide to coronavirus isolation or lockdown in a body corporate This document is intended to provide body corporate managers and committees with a concise guide to managin...

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The limits of committee powers

By: Todd Garsden
10 March 2020

The committee will make the majority of the decisions for the body corporate. This is because the committee has the power to make decisions on any issue that is not a ...

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Rights over common property

By: Todd Garsden
10 March 2020

There are a number of ways rights over the common property can be obtained. This can relate to spare car parks, storage, rooftops, airspace, extensions and even ceiling v...

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New risks for body corporate managers who carry out secretary duties

By: Todd Garsden
3 March 2020

A recent adjudicator’s order has wide-ranging implications for body corporate managers who have been engaged to take on some or all of the functions of the body cor...

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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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2017

Get that top up right!

By: John Mahoney
8 November 2017

Extending the terms of management and letting agreements is something dear to the hearts of most resident managers. The way in which agreements can be extended has been

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Body Corporate Debt Recovery Changes: Good or Bad?

By: Jason Fletcher
20 July 2017

In February 2017, the Commercial and Property Law Research Centre issued its Final Report on a myriad of proposed changes to body corporate legislation. This article will...

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Bodies corporate may now have a tougher time recovering costs

By: Mahoneys
14 June 2017

Recently, Mahoneys appeared for the appellant before Judge Butler SC of the District Court of Queensland in the matter of Thompson v Body Corporate for Arila Lodge CTS 14...

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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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Exercising options

By: Matthew Manz
5 May 2017

We have written various articles over the years about the importance of diarising the dates by which your option/s must be exercised. We continue to see managers get them...

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Anti-bullying at work laws can apply to bodies corporate and caretakers too

By: Mitchell Downes
19 January 2017

Mahoneys regularly field enquiries from caretakers complaining (often quite validly) that they have been bullied, harassed or threatened by committee members or lot owner...

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2016

Bodies Corporate and the obligation to act reasonably

By: Ben Seccombe
13 October 2016

by Ben Seccombe – Partner & co written by Max Walker The concept of ‘reasonableness’ and what amounts to acting ‘reasonably’ are questions that often v...

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High Court to determine unreasonableness test

By: Ben Seccombe
18 July 2016

Mahoneys are again at the forefront of judicial decision making in a body corporate dispute soon to be determined by the High Court of Australia. Our client, the owner of...

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