What are Management Rights?
On-site management rights exist in various forms in all jurisdictions, but are particularly prevalent in Queensland – a result of decades of Government policy seeking to create an industry to drive tourism within the State. Such rights typically consist of a bundle of rights to:
- Conduct the caretaking of common property;
- Operate a letting service on behalf of investor owners; and
- Exclusively occupy a lot or areas of common property to operate an office and reception, and store equipment and materials used in the conduct of the business.
Whilst this is the traditional model, by no means is it the only model, and management rights businesses take all sorts of forms and each one is unique. Nonetheless, the issues which arise in relation to management rights, and their interaction with the body corporate, are frequently very similar across schemes, and frequently fall into one of the following categories:
- Assignment of a management rights business to a new operator.
- Variations and extensions (or ‘top-ups’) to the term of the management (caretaking and letting) agreements.
- The preparation of new management agreements.
- Disputes between the body corporate and manager (caretaker / letting agent) concerning the manager’s performance of its duties.
Small Myers Hughes are an industry leader in the area of management rights and our understanding of these businesses and the management rights model is second to none. Our unparalleled experience in this area means that we can provide the very best legal and commercial outcomes for bodies corporate in relation to the management arrangements for their scheme. Whether it is assisting the transacting of an assignment or variation of the management agreements, or resolving a dispute with the manager, we have the necessary expertise and resources to ensure the best outcomes.
Whilst we take a conciliatory approach to resolving disputes (seeking to avoid unnecessary and costly litigation where possible), we are fully equipped to handle any matters that require escalation through the Commissioner’s Office, Tribunal or Courts. See more about the types of services we offer in our sections on Dispute Resolution and Adjudication & Tribunal.