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By Jason Carlson Partner QLD

RECOVERING COSTS FROM AN OWNER WHO FAILS TO MAINTAIN THEIR LOT IN GOOD CONDITION

11 February 2021 - 9:50pm
Some features of the Body Corporate and Community Management Act 1997 (Qld) (BCCM Act) that have stood the test of time are the “self-help” remedies to deal with common problems that arise when large numbers of people live together in a dense environment. It may seem pessimistic, but the drafters of this legislation did not expect people […]
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By Jason Carlson Partner QLD

If it’s not budgeted for, can the committee spend on it?

26 October 2020 - 1:43am
It’s a concern that is often raised.  The committee is considering spending money.  The fiscal-conservative on the committee, or the lot owner who disagrees with what it is being spent on, seizes the opportunity to point out that there is no line item for the expenditure in the budgets adopted at the last AGM.  They […]
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By Jason Carlson Partner QLD

Grace Lawyers establishes an office on the Gold Coast

20 October 2020 - 3:32am
We are pleased to announce the opening of our new office on the Gold Coast. Grace Lawyers currently acts for many bodies corporate from Tweed Heads to Hope Island.  However, our existing client base and referral network on the Gold Coast encouraged us to establish a permanent presence.  We have answered to increase our ability […]
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By Jason Carlson Partner QLD

New BCCM Regulation Modules 2020

7 October 2020 - 10:09pm
After a very long wait, the Queensland Government has today published new BCCM Regulation Modules that will commence on 1 March 2021. For the most part, the changes in these 2020 Regulations simply legitimise many modern practices, such as electronic voting.  Importantly, the new Regulations will close a loophole that developed whereby powers of attorney […]
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By Jason Carlson Partner QLD

Can a body corporate restrict the long or short term use of a lot?

9 August 2020 - 1:19pm
Since the rise of AirBnB, many communities have felt the deleterious effects of short term letting.   Conversely, a lesser publicised but equally important issue has stayed in the industry for longer: buildings developed for short term accommodation having to contend with long term tenants.  Bodies corporate are frequently told that they cannot restrict how long […]
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By Colin Grace, Partner NSW

Construction Defects – new rights for Owners!

15 July 2020 - 11:35pm
Whilst the world has been concentrating on social distancing, working from home, getting the washing done and the kids back to school Parliament has been busy. On 11 June 2020 the Design and Building Practitioners Act 2020 (DBPAct) came into force.  Big deal you may think….  Well yes, it is a big deal, a really […]
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By Jason Carlson Partner QLD

The only strata community in Queensland that has banned short term letting

5 May 2020 - 8:25am
Fairway Island: the only strata community in Queensland that has banned short term letting Six months ago a decision by a Magistrate was released which upheld the validity of a by-law that prohibited lots within its strata community from being let for one month or less.  Our article on that decision is accessible here.  The […]
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By Daniel Radman, Partner NSW

CHANGES TO INSOLVENCY LAW AND EFFECT ON DEBT RECOVERY FOR STRATA SCHEMES

2 April 2020 - 7:03am
On 24 March 2020, Coronavirus Economic Response Package Omnibus Bill 2020 received assent. The effect of the bill is to soften the economic and financial effects COVID-19 is having on Australian individuals and corporations. Included in the Bill are changes to the Bankruptcy Act 1966, Bankruptcy Regulations 1996 and the Corporations Act 2001. The changes […]
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By Colin Grace, Partner NSW

COURT LEGAL WORK DURING THESE TIMES

2 April 2020 - 6:57am
As we all know things are changing rapidly and Court and Tribunal matters are no different. All of the Courts and Tribunals (NCAT) have set up systems and procedures that keep the wheels of Government moving along. So in reality whilst there will be obvious disruptions to some services and the gathering of information and […]
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By Colin Grace, Partner NSW

USING THE POOL, GYM AND OTHER RECREATIONAL SERVICES DURING THE COVID-19 PERIOD

2 April 2020 - 6:50am
We have all seen the most recent orders from the Government about using public pools, gyms, etc (Order) effectively closing them down. We have now turned our minds to the pools and gyms in strata and community schemes (Schemes). With things moving at the speed of light the main thrust of everything is to protect […]
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