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Archive: 2018

  • Making significant changes to your Will?

    17 May 2018

    Are you thinking about making significant changes to your Will or have you recently made some changes that affect the way in which your estate will be distributed after you pass away?If you are, then it’s very important to ensure that you capture the reasons for the changes you are making or have made.A recent case out of the Court of Appeal has given rise to a new focus on the reasoning behind your decisions when drafting a new Will. ...

  • Body Corporate Business Update May 2018

    3 May 2018

    APPOINTMENT OF AN ADMINISTRATORGot a dysfunctional body corporate? Do you need an administrator?An administrator is an independent third party appointed by the High Court under section 141 of the Unit Titles Act 2010 (UTA) to assume the powers and duties of the body corporate (and the body corporate committee).An application for the appointment of an administrator may be made by the body corporate, any person having a registered interest in a unit (i.e. a mortgagee as well as a unit ...

  • Body Corporate Business Update April 2018

    5 April 2018

    TRUE VALUE OF REPAIRSReinstatement schemes under section 74 of the Unit Titles Act 2010 (UTA) are commonly used to facilitate the comprehensive repair of unit title developments that are either leaky (defective) or in need of substantial repair following a prolonged period of deferred maintenance. Reinstatement schemes are a valuable tool in enabling building work to all parts of a building to be carried out at the same time to the same standard under a single contract – despite the ...

  • A Timely Reminder – Disclosure and Representations

    7 March 2018

    The principle of caveat emptor, “Buyer Beware” usually governs all property purchases. However, licensed real estate agents are bound by the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012.Specifically, all licensees are under a positive obligation “not to mislead a customer or client, nor provide false information, nor withhold information that should by law or fairness be provided to a customer or client.”Rule 10.7 states:A licensee is not required to discover hidden or underlying defects in land ...

  • Airbnb

    6 March 2018

    Travellers and tourists looking for an alternative to hotels and motels at high season times when demand is great may be drawn to the online platform of Airbnb to rent a house or a room from private home owners.While there is an opportunity to earn extra income, an owner of property looking to rent out their property as an Airbnb should also consider the myriad of issues that may arise, which includes insurance, tax, and legal implications.InsuranceProperty owners should make ...

  • Leases and Licences over Common Property

    5 March 2018

    A body corporate can lease or licence all or part(s) of the common property to an owner, occupier, or third party for their personal use under section 56 of the Unit Titles Act 2010 (“UTA”). The lease or licence of common property may be granted for any number of purposes, the most common being car parking, storage, signage, or outdoor seating.The legal process for granting a lease or licence over the common property is set out in section 56 of ...