WILLS & ESTATES NEWS
Understanding the Topping Up process in NSW – Part 2
UNDERSTANDING THE “TOPPING UP” PROCESS IN NSW – PART 2 In Part 1 of this article, we looked at: (a) The definition of a Building Manager under the NSW strata legislation; (b) The upfront disclosure required by a Building Manager, before being...
Understanding the “Topping Up” Process in NSW – Part 1
UNDERSTANDING THE “TOPPING UP” PROCESS IN NSW - PART 1 1. Building Managers Building Managers (previously known in NSW as Caretakers) are engaged by Owners Corporations to assist with: • managing common property; • providing access to common...
Improvements and Acquiescence
THE DEFENCE OF ACQUIESCENCE: ACT NOW OR (POSSIBLY) FOREVER HOLD YOUR PEACE Disputes about improvements to a lot or common property can be defended by an owner on the basis that the body corporate did nothing, over an extended period of time, to...
Be Warned – Inspectors in NSW Targeting Property Management
BE WARNED – INSPECTORS IN NSW TARGETING PROPERTY MANAGEMENT On Site Residential Property Managers and Building Managers holding full real estate agents licences to conduct letting – beware! The Office of Fair Trading has been taking compliance...
Is Ownership of a Managers Unit Essential?
IS OWNERSHIP OF A MANAGER'S UNIT ESSENTIAL? One of the biggest “selling” points as to why it is beneficial for an Owners Corporation to enter into a 10 year Building Management Agreement with a Caretaker/Manager is that they are engaging a person...
Update on Pets in NSW Strata Buildings
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...
NSW Real Estate Licensing and Building Managers in NSW
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...
Can a Body Corporate deduct money from a Caretakers remuneration
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...
Lessons for Building Managers from a Recent Court Case
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...