Body Corporate Manager

March 2020 – Duplexes – An inconvenient truth

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There are about 25,000 duplexes in Queensland. When selling a duplex, a problem can arise for the buyer, the seller, or both. There can be some significant blind eye and misinformation being transacted. At one extreme is a duplex that is under body corporate administration by a body corporate manager. In a recent example, the […]

Body Corporate Manager

May 2019 – Body Corporate Manager motions

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Lot owners have the right to propose a general motion to appoint a body corporate manager of their preference. Their choice of body corporate manager may not match the committee’s preference. In such cases, a motion with alternatives will appear on the AGM Notice of meeting. Lot owners will then get an opportunity to vote […]

Body Corporate Manager

Exit fees charged by Body Corporate Managers

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This month we took on a new do-it-yourself client who had been using a Body Corporate Manager.  Their principal reason for moving away from the Body Corporate Manager was the significant exit fee stated in their proposed new contract.  The Committee would have happily signed the new contract provided the exit fee clause was struck out.  The Body […]

Body Corporate Manager

Tenant keys

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The rental agency of a lot in a Building Format scheme that we manage came to us requesting that we provision a key for the unit that they are managing as the tenant needed an additional key.  BCCM adjudications have been clear (http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2000/71.html) that the body corporate is liable for the maintenance of locks and the […]

Body Corporate Manager

Unfair Body Corporate contracts

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Good news!  Remember our post from a while back that looked at the indemnify clauses that some Body Corporate Managers insert in their contracts.  These clauses are akin to a get out of jail free card for the professional advice that a Body Corporate Manager exercises when administering your scheme.  Well, the Federal government has been listening. Since […]

Body Corporate Manager

Body Corporate Manager fees at end of contract

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When a relationship between a Body Corporate Manager and a Committee breaks down, there is often considerable time and effort expended by both the Committee and the Body Corporate Manager to address the problems.  The final outcome is often that any existing contract is discontinued.  Committees can get shocked when the records are finally handed over and […]

Body Corporate Manager

Chapter 3 Part 5 Appointment

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We recently reviewed a Body Corporate administration renewal of a four lot scheme.  The total remuneration of the Body Corporate Manager was in excess of $3,000 not including insurance commission.  The BCM had engaged the Body Corporate with a Chapter 3 Part 5 engagement.  That remuneration seems excessive!  However, in partial defence of the BCM, the use of the […]

Body Corporate Manager

Hold Harmless – Why we use our own contract

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Be very careful when entering into contracts with Body Corporate Managers.  You may find a ‘Release and Indemnity’ clause in the contract which in summary says that the Manager can not be sued by the Body Corporate.  Additionally, the Body Corporate is responsible if the Manager is sued by some other party even if the Manager contributed […]