Different States have different requirements when it comes to obtaining Body Corporate consent to the assignment of Building Management Agreements and Letting Agreements. Obviously, an approval at Committee level will be dealt with much quicker than an approval...Read More
BULLYING ORDERS AGAINST COMMITTEE Earlier this year, the Fair Work Commission found that a director and employee of a caretaking company were bullied at work and ordered each member of a body corporate committee, including any new members of that committee in the...Read More
Fundamentals • An owners corporation in NSW cannot stop an occupier from having a pet in their unit, as long as it does not disturb other residents; • However, tenants need permission from their landlord to own a pet. A landlord can refuse to allow a tenant to have a...Read More
REAL ESTATE LICENSING AND BUILDING MANAGERS IN NSW As you would be aware, there is no licence required to carry out Caretaking duties, but you do need a real estate agent licence to sell, lease or manage real estate on behalf of owners. Since late 2021, there are now...Read More
CAN A BODY CORPORATE DEDUCT MONEY FROM A CARETAKER’S REMUNERATION? It depends on the terms of the caretaking agreement. Caretaking Agreement Some caretaking agreements allow the body corporate to recover the costs of rectifying a default of the caretaker by...Read More
WHAT NOT TO DO AS A BUILDING MANAGER BACKGROUND A recent decision of the NSW Civil and Administrative Tribunal (NCAT) has provided Owners Corporations in NSW with what is now seen as a more “risk free” pathway to terminate a Building Management Agreement. Until...Read More
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NSW COVID-19 MEASURES FOR STRATA AND COMMUNITY SCHEMES EXTENDED The NSW Department of Fair Trading has recently announced that the State Government has extended its temporary COVID-19 emergency measures for strata and community schemes to 29 September 2022. This means...Read More
TWO COMMON MISCONCEPTIONS ABOUT WITHHOLDING ACCESS TO RECORDS Take the following real-life example (and assume that the person satisfies all eligibility requirements): • An ‘interested person’ or committee member starts, or threatens to start, a legal proceeding...Read More
NSW SHORT TERM RENTAL ACCOMMODATION (STRA) – FURTHER UPDATE The NSW Department of Planning and Environment has recently clarified its views in relation to the application of the State – Wide Short term Rental Accommodation (STRA) planning laws. You may...Read More
