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Publication: Body Corporate Business

  • Changes to Overseas Investment Act

    3 September 2018

    Changes for overseas persons purchasing residential land are imminent.The Overseas Investment Amendment Bill (OIA Bill) passed its final reading in Parliament on 15 August 2018. It is likely to come into force soon: in or around October 2018.The OIA Bill introduces a new category of sensitive land, which overseas persons will require Overseas Investment Office (OIO) consent to purchase. This new category of sensitive land is “residential land”. And, residential land is defined as land that has a property category ...

  • Body Corporate Business Update September 2018

    3 September 2018

    CHANGES TO OVERSEAS INVESTMENT ACTChanges for overseas persons purchasing residential land are imminent.The Overseas Investment Amendment Bill (OIA Bill) passed its final reading in Parliament on 15 August 2018. It is likely to come into force soon: in or around October 2018.The OIA Bill introduces a new category of sensitive land, which overseas persons will require Overseas Investment Office (OIO) consent to purchase. This new category of sensitive land is “residential land”. And, residential land is defined as land that ...

  • Body Corporate Business Update August 2018

    1 August 2018

    FORM MATTERSThe importance of the proper use of statutory forms should not be underestimated. Schedule 2 of the Unit Titles Regulations 2011 sets out 33 statutory forms. These formsare described in regulation 37 as “…prescribed as the forms to be used for the generalmatters to which the forms relate.”In Body Corporate 81026 v Jezma Pty Limited (TT, Appln No. 9006464, 14 May 2018) – a claim relating to unpaid levies – a notice of resolution to be passed without general ...

  • Body Corporate Business Update July 2018

    1 July 2018

    COST RECOVERY FOR REPAIRS AND MAINTENANCEIn the context of repairs and maintenance, the question “who pays” is often the first – and last – issue to be addressed by a body corporate.The Unit Titles Act 2010 (UTA), confers on bodies corporate the power and duty to repair and maintain common property. It also gives bodies corporate the power and duty to repair and maintain an owner’s principal unit where the work is important to the integrity of the development as ...

  • Body Corporate Business Update June 2018

    7 June 2018

    RESIDENTIAL TENANTS AND BODY CORPORATE OPERATIONAL RULESUnder section 105(4)(c) of the Unit Titles Act 2010 (UTA), body corporate operational rules are binding on any person who occupies a principal unit. But, where a unit occupier is a residential tenant under the Residential Tenancies Act 1987 (RTA), the RTA affects the enforceability of the operational rules against the residential tenant.A recent decision of the Tenancy Tribunal highlights the need for unit owners to take care when establishing a tenancy to ensure ...

  • 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 ...