News & Insights

News & Insights

2022
16
May

Article: Bodies Corporate Beware – QBCC delays impacting building defect claims

By: Francesca Barnes

With the ever expanding backlog of complaints being issued to the QBCC, the statutory time limits for building defect complaints…

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16
May

Mahoneys prepares ageing scheme for sale to developers

By: Ben Seccombe

Mahoneys continues to lead the way in the termination and sale of ageing community titles schemes in Queensland. After successfully…

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31
Mar

By-Law Series – Part 3 – By-law limitations continued

By: Mahoneys

In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. In part 2 of…

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23
Mar

Land Access and Activity Notices (LAANs) – Your Rights

By: Mahoneys

Mahoneys dedicated Body Corporate team was featured in LookUpStrata’s magazine – where on pages 14 & 15 we discuss a…

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08
Mar

By-Law Series – Part 2 – Limitations

By: Mahoneys

In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. Sections 180 and 181…

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16
Feb

By-Law Series – Part 1 – What by-laws are legislated to provide for

By: Mahoneys

By-laws are an integral part of the administration of a body corporate. In an earlier article we discussed the importance…

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19
Jan

OCBCCM Decision – Smoking in Bodies Corporate

By: Todd Garsden

Smoking in a community title scheme Nuisances (of all types) in community title schemes are one of the most motivating…

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2021
13
Dec

New COVID restrictions for bodies corporate

By: Todd Garsden

On 17 December 2021 new covid-19 restrictions, linked to vaccination status, come into effect. Some of the restrictions will apply…

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10
Dec

Legal disputes in Strata – Part B

By: Mahoneys

In Part B of the two-part series, Mahoneys Partner Todd Garsden and Tyrone Shandiman (Strata Insurance Solutions) continue to discuss…

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08
Dec

Defective building work in the news again

By: Mahoneys

As reported in the Courier Mail over the weekend, defective building work continues to be a significant issue for bodies…

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03
Dec

Legal disputes in Strata – Part A

By: Mahoneys

In Part A of a two-part series, Mahoneys Partner Todd Garsden discusses legal disputes with Tyrone Shandiman (Strata Insurance Solutions)…

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06
Oct

Can management rights agreements be “topped-up” more than once?

By: Mahoneys

An article was recently published claiming that, contrary to current industry practice, management rights agreements cannot be “topped-up” more than…

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01
Oct

BCsystems manager forum

By: Mahoneys

Last night Mahoneys partners John Mahoney and Todd Garsden  joined Trudy Crooks (Resort Brokers), Matthew Savage (BCsystems) and approximately 100…

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02
Sep

Bodies corporate and Airbnb

By: Mahoneys

Author: John Mahoney & Todd Garsden A number of body corporate lawyers have recently published articles claiming that bodies corporate…

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11
Aug

What to do if you receive a LAAN notice

By: Todd Garsden

We have seen a significant increase in telecommunication providers seeking to access a body corporate scheme via a land access…

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23
Jul

Approving major maintenance and improvement projects

By: Todd Garsden

Bodies corporate are no strangers to carrying out large or expensive projects. These projects can include: scheduled body corporate maintenance…

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01
Jul

Managing Building Defects

By: Ben Seccombe

Resident managers in new or near new complexes will be aware of the difficulties that can arise when dealing with…

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26
Jun

Application dismissed in Kirribilli Heights adjudication

By: Mahoneys

Mahoneys successfully acted for the Kirribilli Heights Body Corporate in having an application brought against it dismissed. This decision considered…

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08
Jun

Mahoneys gets application dismissed in Watermark Residences adjudication

By: Mahoneys

Mahoneys successfully acted for the Watermark Residences body corporate in having an application brought against it, by two lot owners,…

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08
Jun

Watermark Residences – When not to make and adjudication application

By: Mahoneys

In Watermark Residences two lot owners sought to invalidate an annual general meeting that had been called in a way…

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24
May

Mahoneys featured in LookUpStrata magazine

By: Mahoneys

Mahoneys dedicated Body Corporate team was featured in – Lookup Strata Magazine where on pages 4 & 5 we discuss…

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27
Apr

Guide To Body Corporate Building Defects

By: Mahoneys

Earlier today Mahoneys Partner Ben Seccombe joined Lynda Kypriadakis ([Diverse Group]) and Dr. Nicole Johnston ([Deakin University]) – at Australian…

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24
Mar

Webinar – New Body Corporate Regulations

By: Mahoneys

Mahoneys Partner Todd Garsden joined Nikki Jovicic today for LookUpStrata’s New Regulation Modules webinar – where approx. 120 people tuned…

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24
Feb

Preparing for the new regulations

By: Mahoneys

Over the last month or so Mahoneys Partner Todd Garsden has been helping the body corporate industry prepare for the…

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28
Jan

Discrimination in Bodies Corporate

By: Jarrod Clarke

In addition to specific body corporate legislation and regulations, bodies corporate are bound by other acts. An area that is…

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20
Jan

Are you ready for the new regulation modules?

By: Todd Garsden

This article summarises the changes and what body corporate managers need to do (in addition to communicating the changes to…

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2020
09
Dec

Leasing or licencing common property

By: Todd Garsden

If the common property is going to be used in a way which is substantial, permanent or could interfere with…

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30
Nov

Presumption of Regularity in Bodies Corporate

By: Jarrod Clarke

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

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19
Nov

Selling common property

By: Todd Garsden

Our previous article discussed a number of ways in which car parks in a scheme can be created and swapped.…

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12
Nov

Car park reconfiguration

By: Todd Garsden

Parking, one of the four “Ps” for bodies corporate, is a common problem area that body corporate committees have to…

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23
Oct

Removing an elected Body Corporate Committee Member

By: Jarrod Clarke

Body corporate committees are comprised of lot owners or individuals authorised to represent lot owners. But for restricted matters, committees…

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23
Oct

Marina berths in bodies corporate

By: Todd Garsden

A marina berth can be a selling point for a community title scheme – if the body corporate is on…

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09
Oct

Temporary relief for bodies corporate

By: Todd Garsden

For a second week in a row, we have a second round of new body corporate legislation. This time it’s…

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07
Oct

Caretaking agreements and negative inflation

By: Todd Garsden

As a general rule, the remuneration under a caretaking agreement increases every year. However with a negative annual inflation rate…

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01
Oct

Senior Appointments

By: Mahoneys

Despite the challenges that 2020 has visited upon us all, Mahoneys remains focused on the long term success of the…

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30
Sep

New Body Corporate Laws

By: Todd Garsden

The new regulation modules pursuant to the Body Corporate and Community Management Act 1997 (Qld) have now been finalised and…

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15
Sep

Defamation in bodies corporate

By: Ben Sandford

It’s an all too common occurrence – tempers can flare when people are forced to come into contact with others…

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15
Sep

Development offences in bodies corporate

By: Ben Sandford

In Queensland the Planning Act (2016) provides the framework under which all residential development work is performed. When a new…

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15
Sep

Recovering body corporate costs from owners

By: Todd Garsden

Aside from the recovery of levies, the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) gives bodies corporate a…

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10
Sep

Changing the body corporate’s financial year

By: Todd Garsden

The body corporate’s financial year is different to the financial year most people are familiar with – it does not…

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07
Aug

Management rights assignments for bodies corporate

By: Todd Garsden

Despite the body corporate being a party to the management rights agreements (Agreements), they are usually only involved toward the…

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17
Jul

Maintenance obligations

By: Mahoneys

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

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17
Jul

Dealing with Body Corporate disputes

By: Mahoneys

In bodies corporate it is inevitable that, from time to time, disputes will occur. Fortunately, in Queensland there are numerous…

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03
Jul

Update to social distancing requirements applying to bodies corporate

By: Todd Garsden

New social distancing requirements that affect bodies corporate come into effect from midday on 3 July 2020. The changes from…

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03
Jul

Maintenance obligations

By: Todd Garsden

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

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03
Jul

Dealing with Body Corporate Disputes

By: Ben Seccombe

In bodies corporate it is inevitable that, from time to time, disputes will occur. Fortunately, in Queensland there are numerous…

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19
Jun

Social distancing requirements for bodies corporate?

By: Todd Garsden

There have been over 60 public health directives issued by the Queensland Health Department since the start of COVID –…

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19
Jun

Managers Must Not Project Manage

By: John Mahoney

In Queensland individuals and companies must hold a QBCC licence to carry out building work valued at over $3,300. Most…

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19
Jun

Mahoneys fighting for managers

By: John Mahoney

Many readers will have seen in the press that Mahoneys recently launched legal action in the High Court on behalf…

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10
Jun

The first virtual general meeting has been challenged

By: Todd Garsden

The interim orders in Watermark Residences [2020] QBCCMCmr 306 provides some relief for bodies corporate that held virtual general meetings…

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29
May

Making sure your by-laws are correct

By: Todd Garsden

Given the recent lockdowns that have forced many occupiers to spend more time within their lots, interferences between occupiers have…

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29
May

Statutory reviews – a process to change your caretaking agreement

By: Ben Seccombe

When a new community title scheme is established the developer has an obligation – to both the body corporate and…

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19
May

Urgent changes to the Body Corporate and Community Management Act

By: Todd Garsden

On 19 May 2020 the Queensland Parliament has introduced the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020…

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15
May

Reopening pools in a body corporate because of COVID-19

By: Todd Garsden

Pools can now be reopened after 15 May 2020. The Queensland Government has released its roadmap to easing restrictions. As…

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05
May

Management rights options and variations during COVID-19

By: Todd Garsden

Many things have changed for bodies corporate and resident managers and how they manage their affairs in light of the…

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01
May

Liability for Building Defects

By: Ben Seccombe

An issue that arises frequently in strata title buildings is building defects. Despite many laws being passed to help consumers…

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29
Apr

Body corporate spending limits

By: Todd Garsden

It is important that bodies corporate and body corporate managers ensure costs are properly managed. That includes complying with body…

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27
Apr

Covid-19 – Residential Tenancies

By: Amy ODonnell

We finally have some certainty in relation to the amended legislation for residential tenancies. Late on Wednesday night (22nd April…

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23
Apr

Body corporate cost cutting during COVID-19

By: Todd Garsden

Body corporate levies are one of the first items of expenditure owners don’t pay in tough times. Committees need to…

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17
Apr

Levy recovery during COVID-19

By: Todd Garsden

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

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14
Apr

Closing facilities in a body corporate

By: Todd Garsden

It has been well publicised that bodies corporate must close their swimming pools. However, how that is to take place…

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07
Apr

How to manage work orders during COVID-19

By: Todd Garsden

This guidance for bodies corporate and body corporate managers is to provide a way to manage risks in carrying out…

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31
Mar

COVID-19 guidance for bodies corporate

By: Todd Garsden

Guide to coronavirus isolation or lockdown in a body corporate This document is intended to provide body corporate managers and…

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18
Mar

Mahoneys supports SCA conference

By: Mahoneys

Last week Ben Seccombe and Todd Garsden] (pictured) contributed to another successful Strata Community Association (Qld) conference. Ben took part…

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10
Mar

The limits of committee powers

By: Todd Garsden

The committee will make the majority of the decisions for the body corporate. This is because the committee has the…

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10
Mar

Rights over common property

By: Todd Garsden

There are a number of ways rights over the common property can be obtained. This can relate to spare car…

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03
Mar

New risks for body corporate managers who carry out secretary duties

By: Todd Garsden

A recent adjudicator’s order has wide-ranging implications for body corporate managers who have been engaged to take on some or…

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20
Feb

Statutory Remuneration Review Process

By: Ben Seccombe

We are constantly surprised by how few people are aware that the Body Corporate and Community Management Act (BCCMA) contains…

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20
Feb

You Cannot Be Serious!

By: John Mahoney

In the many years in which I have been practising in the area of management rights I have heard some…

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2019
25
Jan

Why a lot owner deed is so important

By: John Mahoney

A recent decision of the Office of the Commissioner for Body Corporate and Community Management (OCBCCM) has highlighted the importance…

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2018
31
Oct

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

By: Mahoneys

An exploration of how body corporate committee members have a legal responsibility to carry out their duties judiciously – particularly…

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17
Jan

Recent victories for managers

By: Ben Seccombe

Towards the end of 2017 we secured a number of victories for our clients in various situations and in various…

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2017
08
Nov

Get that top up right!

By: John Mahoney

Extending the terms of management and letting agreements is something dear to the hearts of most resident managers. The way in…

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20
Jul

Body Corporate Debt Recovery Changes: Good or Bad?

By: Ben Seccombe

In February 2017, the Commercial and Property Law Research Centre issued its Final Report on a myriad of proposed changes…

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14
Jun

Bodies corporate may now have a tougher time recovering costs

By: Mahoneys

Recently, Mahoneys appeared for the appellant before Judge Butler SC of the District Court of Queensland in the matter of…

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05
May

Dealing with breach notices

By: Mahoneys

Breach notices and remedial action notices should be taken seriously and acted on immediately. Whilst this may sound obvious our…

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05
May

Exercising options

By: Mahoneys

We have written various articles over the years about the importance of diarising the dates by which your option/s must…

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19
Jan

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

By: Mahoneys

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

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2016
13
Oct

Bodies Corporate and the obligation to act reasonably

By: Ben Seccombe

by Ben Seccombe – Partner & co written by Max Walker The concept of ‘reasonableness’ and what amounts to acting ‘reasonably’…

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18
Jul

High Court to determine unreasonableness test

By: Ben Seccombe

Mahoneys are again at the forefront of judicial decision making in a body corporate dispute soon to be determined by…

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