Management Rights and Resort Industry News

Industry News

Is Your Buyer Up to Scratch?

In previous articles, we covered taking steps to prepare for your sale well in advance.

To recap:

1. Letting appointments – ensure they are...

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New Body Corporate Laws

The new regulation modules pursuant to the Body Corporate and Community Management Act 1997 (Qld) have now been finalised and will commence on 1 March 2021.

The key changes from the 2008...

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Strata Communities and the 3 Key Stakeholders

Within the Management Rights business model there are three key stakeholders being:

• Body Corporate
• Management Rights operator
   (usually a “Resident Manager”)

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Educating 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 “industry standard” for...

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Building & Pest Inspection

So what happens if the building and pest inspection is not satisfactory?

If the building and pest inspection has revealed some potential structural or cosmetic defects or pests like...

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Developers & Management Rights

Up until the late 1990’s, the laws regulating the activities being conducted under the umbrella of Management Rights in Queensland were State Government based. However, the Federal Government...

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Managers 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...

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Government announcement: COVID-19 strata regulations

The starting point is that all of this is only temporary. These amendments commence on a date to be determined (but likely to be very soon) and expire on 31 December 2020. For the purposes of...

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Australian Resident Accommodation Managers Association (ARAMA) can assist you

Looking to promote your property or business across the board? Australian Resident Accommodation Managers Association (ARAMA) can assist you!

Free membership access to Realestate.com,...

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Industry push to reopen Tourist Accommodation

Whilst we are all aware of the severe health crisis from the Corona Virus and are generally satisfied with the Government’s response there is a balance between the well-being impacts and the...

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COVID-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 passed the Covid-19 Emergency...

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Strata levies and COVID-19

In the midst of the COVID-19 pandemic, the strata sector is facing some big issues. Perhaps the...

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In a Perfect World

“The sales process for Waterford on Main Beach to Emma and Damien Felsman was unlike any I have experienced in my long career in real estate, or 15 years selling management rights,” says Rhonda...

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Management Rights and the Coronavirus – Some guidance amongst the uncertainty

You will be unsurprised to learn that over the past few days we have fielded many questions from resident managers who and whose owners are suffering adverse impacts from the COVID19 crisis. As...

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Think about selling when you buy

When selling any business, the key outcomes of a successful sale typically include achieving a quick and pain-free sale at the highest possible sale price.

Sounds easy in theory, however...

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Gallery Vie Variation Explanation

No matter how well we consider and plan for eventualities, we can also expect that something will occur to be a “disrupter” – particularly when you least expect it to happen.

This occurs...

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99% (or more) of Queensland bodies corporate still cannot prohibit short term letting

There has been a bit of recent publicity about this decision by a Queensland Magistrate for a body corporate at Fairway Island where the body corporate’s prohibition via a by-law on lot owners...

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The Management Rights industry – It is Big business!


As an industry, it is important to recognise the significant role we all play.


Our Management Rights industry is the largest accommodation provider in the...

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Management Rights – The Developers Role


Lawyers acting for buyers of Management Rights are often faced with the task of trying to explain to their client’s problems which they may face as a result of badly worded Caretaking...

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The “Secret” to Success in Management Rights

HOW TIMES HAVE CHANGED …  In the early 1980’s there were no mobile phones, internet, email or software. ...

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It’s time to revisit the management rights assignment process

No – we don’t have a Federal election around the corner, but thanks to Gough Whitlam and John Singleton for part of the headline to this newsletter.

It is time for the...

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The latest management rights termination battle

The background

Law can be a very dry occupation. As long as you are not on the receiving end of them, some of the lines in legal judgments can be somewhat...

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What the end of NRAS Means for Management Rights

There has been recent conjecture amongst industry stakeholders about the impact on management rights businesses once the incentive period under the National Affordable Rental Scheme (NRAS)...

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Assignments made difficult

A few short years ago I wrote an article “Let’s not kill the goose” where I expressed concern that the number of new unqualified entrants to the management rights industry, and the...

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Visitor parking in strata - Who is a visitor?

You might wonder why the question of who is a visitor, matters and if you do, you are in the strata minority.  The ostensible abuse of visitor car parking privileges is the trigger...

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The broadening scope of anti-bullying laws

As you may be aware the Fair Work Commission (FWC) has in the recent past decided that the bullying of a building manager employee by members of an Owners Corporation can amount to bullying...

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Update on Airbnb legislation

Like strata legislation, real estate licensing and just about everything else that impacts on our daily lives, the various State Governments in Australia simply cannot agree on a uniform...

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Protecting intellectual property rights in strata buildings and motels

Unlike more mainstream commercial ventures, we regularly see instances in the strata industry where intellectual property protection may not be given the attention it deserves.

...

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Separating your lot from your management rights business

Back when real estate wasn’t as expensive, multipliers weren’t as high and banks didn’t care as much about serviceability as they did security, buying a lot with a business all worked...

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Why 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 deed provisions’ of...

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The perils of By-Law enforcement

The job of an on-site manager can be a difficult one. It necessitates a delicate balance between maintaining a good relationship with lot owners and occupants on the one hand, and ensuring...

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Navigating the Management Rights Assignment Process

Firstly, a little context…All the hard work done, the angst of pushing through with the Management Rights sales contract process (likely incorporating both a Business and a...

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Everything managers need to know about voting

When a general meeting is coming up, resident managers often ask Mahoneys how to best approach owners for their support and for general advice regarding voting procedures – particularly if...

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Mahoneys 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 successful in defeating the...

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QCAT considers short term letting by-laws

Governments create laws.  Courts and tribunals interpret those laws when they make decisions on disputes.  We all then rely on those interpretations as gospel in terms of what the...

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Drop Dead Dates

It is critical that you exercise any option in your Caretaking and Letting Agreements strictly in accordance with the terms of the Agreements.

In recent years I have seen a...

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Body corporate insurance obligations

If William Shakespeare was a Queensland strata title property owner (particularly in North Queensland), he might at this very stage be writing:

To insure, or not to insure,...

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The cladding bus has left the station

It is terrifying how quickly time flies. Two months ago we wrote about the new cladding regulation. It has now commenced.

Every building in the compliance zone is now on the...

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Duties and Obligations of Committee Members

Committee members are all volunteers and the vast majority are unpaid.

The strata legislation (and by laws) in each state provides the framework for governance of strata title...

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What is a quorum?

We don’t do much Latin these days in law.  Plain English is all the rage (as it should be), but without a single doubt the most frequently used word is 'quorum.'

In...

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Management Rights Seminar for Buyers

Smart Management Rights Buying Seminar

Do you want the best Management Rights buying advice?

This is a must see Seminar!

Industry...

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Body Corporates Rights and Obligations

For Dealing with Transfers of Engagements and Authorisations (Assignee Approvals for Caretaking and Letting Agreements)

Applicable Law – Section

* 122 Standard...

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Prudent Property Investor Growth Opportunities

Property investors and Management Rights operators have been given a leg up with Australia’s banking regulatory authority, APRA, having announced it will abolish the 10 per cent investor loan...

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Australian Resident Accommodation Managers Association

Australian Resident Accommodation Managers Association (ARAMA) is a membership based, not for profit, peak industry body which represents the interests of those involved in Management Rights...

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The Case for Bundling

Bundling is not new and has been around since the beginnings of Management Rights. What has changed however is the removal of the requirement to be bound by a commission structure which now...

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The costly industry of management rights assignments

Something has got to be done about the...

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Will the vacancy fee for foreign owners have an impact on short term management rights?

Following a series of amendments in November 2017, foreign owners who have applied for FIRB approval after the 9th May 2017 may be liable for a “vacancy fee” where their residential properties...

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Best practice with by-laws

Who knows what is driving it, but we are seeing more and more by-law disputes.

It helps that we have been banging on (some would say endlessly) about by-laws for a while. We continually...

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Management Rights Lawyers

Management rights contracts are subject to legal due diligence provisions and specialist management rights lawyers are vital parties for both the sale and purchase of any management rights...

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Variations, top ups, extensions and options

These are all words that we use interchangeably in our day-to-day management rights dealings but they mean different things to different people.

The term of a management rights agreement...

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Forget It

Over the course of 2017 we have seen multiple cases of managers forgetting to exercise their options or failing to exercise an option properly. In one week alone we saw 3 such...

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Sellers 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 support was shown...

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Understanding Maintainable Income

One of the most hotly debated and often misunderstood concepts when determining the profitability of an accommodation business is the concept of ‘maintainable income’.

The concept of...

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Get 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 which agreements can be extended has been the subject of...

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Provision of services by a Body Corporate

Section 169 (1) of the Small Module Regulations, and Section 167 (1) permit bodies corporate to provide certain types of services, which are not otherwise covered in the legislation. Sub...

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Mahoneys secure massive win for managements rights industry

A recent decision by the Queensland Court of Appeal has clarified the way in which management rights operators can charge their clients for services performed pursuant to their appointment....

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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 introduced...

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Common management rights misconceptions

Bush lawyers abound out there in strataland. 

Someone heard from someone else that someone did something or got something and then that becomes the rumour that bounces around...

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Buying Management Rights? – learn how to protect your new business’s assets before you buy

There have been many occasions where the ownership of a domain name or a business’s social media pages has become the target of hostility between companies, third parties, and the new owners of...

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GST on Foreign Online Travel Agents

You will by now be aware that there have been changes to the GST laws (effective 1 July 2017) which apply to Non-Resident Online Service Providers.  The rules apply to Foreign OTA’s such as...

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Building Managers and Committees

Legally, Owners Corporations or Bodies Corporate are viewed as corporations. They derive their power from the relevant State strata legislation and by-laws.

Like any other corporate,...

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Developers – Is your residential development approved for both short and long term accommodation?

Summary

The recent amendments to the Queensland Planning Provisions mean that if Developers are intending their developments to be used for both long and short term...

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