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Mahoneys featured in LookUpStrata
Mahoneys’ dedicated body corporate team was featured in LookUpStrata’s most recent Queensland magazine where they: celebrated being named “Strata Law…
MoreNew body corporate legislation – what smoking, parking and pet by-laws do you need for your scheme?
Our recent email alert outlined a number of changes to the BCCMA – read more here. This included proposed changes…
MoreMahoneys featured in LookUpStrata
Mahoneys’ dedicated body corporate team was featured in LookUpStrata’s most recent Queensland magazine where they discuss: the requirement to consider…
MoreBody Corporate and Community Management and Other Legislation Amendment Bill 2023
On 14 November 2023 the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 was passed. The key…
MoreMahoneys named Law Firm of the Year
Mahoneys was named “Law Firm of the Year” at the most recent Strata Community Association (Queensland) awards night. The Awards…
MoreBody Corporate By-Law Webinar
Mahoneys’ Partner Todd Garsden recently joined Nikki Jovicic (LookUpStrata) for a strata webinar – where over 240 people tuned in…
MoreMahoneys was featured in LookUpStrata magazine
Mahoneys’ dedicated Body Corporate team was featured in LookUpStrata’s most recent Queensland magazine – where they discuss: recovering body corporate levies…
MoreWaterproofing maintenance in bodies corporate
Who is responsible for maintenance and repairs continues to be one of the most prevalent issues for owners and bodies…
MoreBCCMA – What is changing?
On 24 August 2023 the Queensland Parliament introduced the “Body Corporate and Community Management and Other Legislation Amendment Bill 2023”…
MoreMahoneys Promotes 3 Lawyers
Mahoney’s Partners are pleased to announce the following promotions, which take effect 1 July: Anders Mahoney (litigation) to Senior Associate; Simon…
MoreManagement Rights Variations and Extensions
What is a variation? A variation is simply changing the terms of an existing contract. For a change to be…
MoreMahoneys featured in LookUpStrata
Mahoneys dedicated Body Corporate team was featured in LookUpStrata’s most recent Queensland magazine where they discuss: Dealing with water damage…
MoreMahoneys welcomes new body corporate lawyer
Mahoneys recently welcomed Katya Prideaux to the firm. Admitted in 2020, Katya originally started her legal career in commercial litigation…
MoreGuide to Managing Body Corporate Building Defects
In response to recent legislative changes, that were specifically introduced to help bodies corporate identify and rectify building defects, Mahoneys…
MoreWho can be on a body corporate committee
Lot owners in a community title scheme have a statutory right to nominate for a position on the body corporate…
MoreDecoding body corporate management contracts
Last week over 200 people tuned in to hear Todd Garsden and William Marquand (from Tower Body Corporate) discuss Body…
MoreMahoneys featured in LookUpStrata Magazine
Mahoneys dedicated Body Corporate team was featured in LookUpStrata’s most recent Queensland magazine where they discuss: Enforcement notice to “repair,…
MoreThe importance of making sure your builder is licensed
The Queensland Building and Construction Commission (QBCC) have recently been cracking down on the licensing of builders, with many licenses…
MoreWhat does 2023 have in store for bodies corporate
Last week over 450 people tuned in to hear Todd Garsden and Nikki Jovicic (LookUpStrata) discuss what 2023 has in…
MoreQBCC crackdown on non-compliance with combustible cladding checklist
What is the cladding checklist? Following the Grenfell Tower fire in 2017, Part 4A of the Building Regulation 2006 (Qld)…
MoreChanges to BUGTA – A reform for lot owners
The Building Units and Group Titles and Other Legislation Amendment Act 2022 has been introduced to amend the Building Units…
MoreMahoneys featured in LookUpStrata
Mahoneys dedicated Body Corporate team was featured in LookUpStrata’s most recent Queensland magazine where they discuss: controlling access keys in…
MoreMahoneys featured in Resort News
Mahoneys’ partner Todd Garsden was recently featured in Resort News – the magazine for the accommodation industry professional – where…
MoreElectric Vehicles in Bodies Corporate
Should a body corporate have an electric vehicle by-law? In 2021, there were 20,000 electric vehicles sold in Australia (three…
MoreMahoneys role in $45m body corporate sale
Mahoney’ role in the termination and sale of Voyager was featured in REALESTATESOURCE.COM.AU. Voyager is the first community titles scheme,…
MoreMahoneys welcomes 2 new lawyers
Mahoneys recently welcomed two new lawyers to the firm. Recruited as part of the firm’s growth strategy, Sam Marsh (Senior…
MoreMaking a claim against the QBCC
We recently reported on the impact that QBCC delays were having on body corporate building defects claims. Following that article…
MoreNoosa short term letting rules challenged in court
Short term letting How Airbnb (or short term letting generally) operate in bodies corporate has been covered off in various…
MoreMahoneys was featured in LookUpStrata magazine
Mahoneys dedicated Body Corporate team was featured in LookUpStrata’s most recent Queensland magazine where they discuss: proposed amendments to the…
MoreIndividuals signing deeds electronically – in which states?
During the peak of COVID, most states and territories implemented temporary legislation allowing individuals to sign documents electronically. Since the…
MoreMahoneys successfully defends Supreme Court application
Mahoneys has successfully defended an application in the Supreme Court that sought to prevent building works being carried out by…
MoreBy-Law Series – Part 4 – Enforcement
In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. In parts 2 and 3 we…
MoreBody Corporate Parking Issues
Recently Mahoneys Partner Todd Garsden joined Will Marquand (Tower Body Corporate) and Nikki Jovicic (LookUpStrata) to discuss body corporate parking problems.…
MoreAre you complying with new smoke alarm requirements?
Is the body corporate responsible for the new smoke alarm obligations? It has been well documented that new smoke alarm…
MoreArticle: Bodies Corporate Beware – QBCC delays impacting building defect claims
With the ever expanding backlog of complaints being issued to the QBCC, the statutory time limits for building defect complaints…
MoreMahoneys prepares ageing scheme for sale to developers
Mahoneys continues to lead the way in the termination and sale of ageing community titles schemes in Queensland. After successfully…
MoreBy-Law Series – Part 3 – By-law limitations continued
In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. In part 2 of…
MoreLand Access and Activity Notices (LAANs) – Your Rights
Mahoneys dedicated Body Corporate team was featured in LookUpStrata’s magazine – where on pages 14 & 15 we discuss a…
MoreBy-Law Series – Part 2 – Limitations
In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. Sections 180 and 181…
MoreBy-Law Series – Part 1 – What by-laws are legislated to provide for
By-laws are an integral part of the administration of a body corporate. In an earlier article we discussed the importance…
MoreOCBCCM Decision – Smoking in Bodies Corporate
Smoking in a community title scheme Nuisances (of all types) in community title schemes are one of the most motivating…
MoreNew COVID restrictions for bodies corporate
On 17 December 2021 new covid-19 restrictions, linked to vaccination status, come into effect. Some of the restrictions will apply…
MoreLegal disputes in Strata – Part B
In Part B of the two-part series, Mahoneys Partner Todd Garsden and Tyrone Shandiman (Strata Insurance Solutions) continue to discuss…
MoreDefective building work in the news again
As reported in the Courier Mail over the weekend, defective building work continues to be a significant issue for bodies…
MoreLegal disputes in Strata – Part A
In Part A of a two-part series, Mahoneys Partner Todd Garsden discusses legal disputes with Tyrone Shandiman (Strata Insurance Solutions)…
MoreCan management rights agreements be “topped-up” more than once?
An article was recently published claiming that, contrary to current industry practice, management rights agreements cannot be “topped-up” more than…
MoreBCsystems manager forum
Last night Mahoneys partners John Mahoney and Todd Garsden joined Trudy Crooks (Resort Brokers), Matthew Savage (BCsystems) and approximately 100…
MoreBodies corporate and Airbnb
Author: John Mahoney & Todd Garsden A number of body corporate lawyers have recently published articles claiming that bodies corporate…
MoreWhat to do if you receive a LAAN notice
We have seen a significant increase in telecommunication providers seeking to access a body corporate scheme via a land access…
MoreApproving major maintenance and improvement projects
Bodies corporate are no strangers to carrying out large or expensive projects. These projects can include: scheduled body corporate maintenance…
MoreManaging Building Defects
Resident managers in new or near new complexes will be aware of the difficulties that can arise when dealing with…
MoreApplication dismissed in Kirribilli Heights adjudication
Mahoneys successfully acted for the Kirribilli Heights Body Corporate in having an application brought against it dismissed. This decision considered…
MoreMahoneys gets application dismissed in Watermark Residences adjudication
Mahoneys successfully acted for the Watermark Residences body corporate in having an application brought against it, by two lot owners,…
MoreWatermark Residences – When not to make and adjudication application
In Watermark Residences two lot owners sought to invalidate an annual general meeting that had been called in a way…
MoreMahoneys featured in LookUpStrata magazine
Mahoneys dedicated Body Corporate team was featured in – Lookup Strata Magazine where on pages 4 & 5 we discuss…
MoreGuide To Body Corporate Building Defects
Earlier today Mahoneys Partner Ben Seccombe joined Lynda Kypriadakis ([Diverse Group]) and Dr. Nicole Johnston ([Deakin University]) – at Australian…
MoreWebinar – New Body Corporate Regulations
Mahoneys Partner Todd Garsden joined Nikki Jovicic today for LookUpStrata’s New Regulation Modules webinar – where approx. 120 people tuned…
MorePreparing for the new regulations
Over the last month or so Mahoneys Partner Todd Garsden has been helping the body corporate industry prepare for the…
MoreDiscrimination in Bodies Corporate
In addition to specific body corporate legislation and regulations, bodies corporate are bound by other acts. An area that is…
MoreAre you ready for the new regulation modules?
This article summarises the changes and what body corporate managers need to do (in addition to communicating the changes to…
MoreLeasing or licencing common property
If the common property is going to be used in a way which is substantial, permanent or could interfere with…
MorePresumption of Regularity in Bodies Corporate
A recent decision by QCAT has applied the “presumption of regularity” in a way that could shape future OCBCCM decisions.…
MoreSelling common property
Our previous article discussed a number of ways in which car parks in a scheme can be created and swapped.…
MoreCar park reconfiguration
Parking, one of the four “Ps” for bodies corporate, is a common problem area that body corporate committees have to…
MoreRemoving an elected Body Corporate Committee Member
Body corporate committees are comprised of lot owners or individuals authorised to represent lot owners. But for restricted matters, committees…
MoreMarina berths in bodies corporate
A marina berth can be a selling point for a community title scheme – if the body corporate is on…
MoreTemporary relief for bodies corporate
For a second week in a row, we have a second round of new body corporate legislation. This time it’s…
MoreCaretaking agreements and negative inflation
As a general rule, the remuneration under a caretaking agreement increases every year. However with a negative annual inflation rate…
MoreSenior Appointments
Despite the challenges that 2020 has visited upon us all, Mahoneys remains focused on the long term success of the…
MoreNew Body Corporate Laws
The new regulation modules pursuant to the Body Corporate and Community Management Act 1997 (Qld) have now been finalised and…
MoreDefamation in bodies corporate
It’s an all too common occurrence – tempers can flare when people are forced to come into contact with others…
MoreDevelopment offences in bodies corporate
In Queensland the Planning Act (2016) provides the framework under which all residential development work is performed. When a new…
MoreRecovering body corporate costs from owners
Aside from the recovery of levies, the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) gives bodies corporate a…
MoreChanging the body corporate’s financial year
The body corporate’s financial year is different to the financial year most people are familiar with – it does not…
MoreManagement rights assignments for bodies corporate
Despite the body corporate being a party to the management rights agreements (Agreements), they are usually only involved toward the…
MoreMaintenance obligations
Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The…
MoreDealing with Body Corporate disputes
In bodies corporate it is inevitable that, from time to time, disputes will occur. Fortunately, in Queensland there are numerous…
MoreUpdate to social distancing requirements applying to bodies corporate
New social distancing requirements that affect bodies corporate come into effect from midday on 3 July 2020. The changes from…
MoreMaintenance obligations
Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The…
MoreDealing with Body Corporate Disputes
In bodies corporate it is inevitable that, from time to time, disputes will occur. Fortunately, in Queensland there are numerous…
MoreSocial distancing requirements for bodies corporate?
There have been over 60 public health directives issued by the Queensland Health Department since the start of COVID –…
MoreManagers Must Not Project Manage
In Queensland individuals and companies must hold a QBCC licence to carry out building work valued at over $3,300. Most…
MoreMahoneys fighting for managers
Many readers will have seen in the press that Mahoneys recently launched legal action in the High Court on behalf…
MoreThe first virtual general meeting has been challenged
The interim orders in Watermark Residences [2020] QBCCMCmr 306 provides some relief for bodies corporate that held virtual general meetings…
MoreMaking sure your by-laws are correct
Given the recent lockdowns that have forced many occupiers to spend more time within their lots, interferences between occupiers have…
MoreStatutory reviews – a process to change your caretaking agreement
When a new community title scheme is established the developer has an obligation – to both the body corporate and…
MoreUrgent changes to the Body Corporate and Community Management Act
On 19 May 2020 the Queensland Parliament has introduced the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020…
MoreReopening pools in a body corporate because of COVID-19
Pools can now be reopened after 15 May 2020. The Queensland Government has released its roadmap to easing restrictions. As…
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…
MoreLiability for Building Defects
An issue that arises frequently in strata title buildings is building defects. Despite many laws being passed to help consumers…
MoreBody corporate spending limits
It is important that bodies corporate and body corporate managers ensure costs are properly managed. That includes complying with body…
MoreCovid-19 – Residential Tenancies
We finally have some certainty in relation to the amended legislation for residential tenancies. Late on Wednesday night (22nd April…
MoreBody corporate cost cutting during COVID-19
Body corporate levies are one of the first items of expenditure owners don’t pay in tough times. Committees need to…
MoreLevy recovery during COVID-19
Even though body corporate legislation has not changed with respect to levy recovery, the circumstances surrounding levy recovery and insolvency…
MoreClosing facilities in a body corporate
It has been well publicised that bodies corporate must close their swimming pools. However, how that is to take place…
MoreHow to manage work orders during COVID-19
This guidance for bodies corporate and body corporate managers is to provide a way to manage risks in carrying out…
MoreCOVID-19 guidance for bodies corporate
Guide to coronavirus isolation or lockdown in a body corporate This document is intended to provide body corporate managers and…
MoreMahoneys supports SCA conference
Last week Ben Seccombe and Todd Garsden] (pictured) contributed to another successful Strata Community Association (Qld) conference. Ben took part…
MoreThe limits of committee powers
The committee will make the majority of the decisions for the body corporate. This is because the committee has the…
MoreRights over common property
There are a number of ways rights over the common property can be obtained. This can relate to spare car…
MoreNew risks for body corporate managers who carry out secretary duties
A recent adjudicator’s order has wide-ranging implications for body corporate managers who have been engaged to take on some or…
MoreStatutory Remuneration Review Process
We are constantly surprised by how few people are aware that the Body Corporate and Community Management Act (BCCMA) contains…
MoreYou Cannot Be Serious!
In the many years in which I have been practising in the area of management rights I have heard some…
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…
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…
MoreRecent victories for managers
Towards the end of 2017 we secured a number of victories for our clients in various situations and in various…
MoreGet that top up right!
Extending the terms of management and letting agreements is something dear to the hearts of most resident managers. The way in…
MoreBody Corporate Debt Recovery Changes: Good or Bad?
In February 2017, the Commercial and Property Law Research Centre issued its Final Report on a myriad of proposed changes…
MoreBodies corporate may now have a tougher time recovering costs
Recently, Mahoneys appeared for the appellant before Judge Butler SC of the District Court of Queensland in the matter of…
MoreDealing with breach notices
Breach notices and remedial action notices should be taken seriously and acted on immediately. Whilst this may sound obvious our…
MoreExercising options
We have written various articles over the years about the importance of diarising the dates by which your option/s must…
MoreAnti-bullying at work laws can apply to bodies corporate and caretakers too
Mahoneys regularly field enquiries from caretakers complaining (often quite validly) that they have been bullied, harassed or threatened by committee…
MoreBodies Corporate and the obligation to act reasonably
by Ben Seccombe – Partner & co written by Max Walker The concept of ‘reasonableness’ and what amounts to acting ‘reasonably’…
MoreHigh Court to determine unreasonableness test
Mahoneys are again at the forefront of judicial decision making in a body corporate dispute soon to be determined by…
More