At Bugden Allen Lawyers, we recognise the legal and management challenges of owning and living in a home unit, townhouse or villa home community. As a result, we have developed some Tool Kits which provide important information to help you become familiar with and navigate common Owners Corporation issues. These Tool Kits are free to download and contain some helpful forms and templates you can use.
They cover 6 key areas - By-Law Enforcement; Management Rights ‘top up’; Transfer of Management Rights; Enforcing Caretaking Duties; Instructing a Lawyer; and Service Contract Reviews.
The information in these Tool Kits is general information only. That information and the Tool Kits themselves are no substitute for legal advice.
BY-LAW ENFORCEMENT TOOL KIT
By-Laws, in a body corporate or Owners Corporation context are the essential mechanism for guiding people towards appropriate and acceptable conduct.
MANAGEMENT RIGHTS ‘TOP-UP’ TOOL KIT
In a body corporate or Owners Corporation context, comprise a package of legal and contractual rights and obligations relating to the building management and on-site letting pool business.
TRANSFER OF MANAGEMENT RIGHTS TOOL KIT
These days community title management rights are frequently and repeatedly assigned by caretakers. Owners Corporations need to consent to an assignment and are asked to sign a Deed of Consent for that purpose.
ENFORCING CARETAKING DUTIES TOOL KIT
Enforcing a caretaking agreement can be a complex and risky exercise. The efforts of Owners Corporations often fail because of technical deficiencies.
INSTRUCTING A LAWYER TOOL KIT
For Queensland clients, the Body Corporate and Community Management Act 1997 and the various regulation modules under the Act contain a number of provisions relevant to what a body corporate needs to do to properly instruct a lawyer to act for the body corporate.
SERVICE CONTRACT REVIEW TOOL KIT
Appropriate service contracts are an essential element of an effective strata scheme. It is common practice to incorporate separate management rights contracts into a single document. Whilst this allows for ease of access, it can make understanding and deconstructing these documents confronting and difficult.
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