Unfamiliar Faces in EU Spaces

Unfamiliar Faces in EU Spaces Exclusive use grants are a common source of dispute for bodies corporate. This is especially true for car spaces allocated under an exclusive use grant, where the terms of use [...]

Muddied Waters

MUDDIED WATERS The recent adjudication decision of Whitsunday Waters Resort [2020] QBCCMCmr 84 (“Whitsunday Waters”) has caused consternation in BoCo land. The decision has body corporate manager’s questioning the long-standing practice of a BCM accepting [...]

Banning AirBnb and Short-Term Letting – A FALSE DAWN

Banning AirBnb and Short-Term Letting - A FALSE DAWN You may have heard or read recently about a Body Corporate being successful in banning short-term letting.Many bodies corporate are for various reasons desirous of banning [...]

Termination for Insolvency: Not so fast!

Termination for Insolvency: Not so fast! You hear on the grapevine that a company that your Body Corporate has contracted with is “going under”. Quickly pulling the dusty contract out of your bottom drawer you [...]

The Queensland Government’s care package to Bodies Corporate

The Queensland Government’s care package to Bodies Corporate Good news for bodies corporate! The Queensland Government has announced an extension to the compliance period for the next two (2) stages of its Safer Buildings Program. [...]

Body Corporate Law – Cladding Laws Change – Great News for Bodies Corporate! But perhaps a little too late…

Cladding Laws Change – Great News for Bodies Corporate! But perhaps a little too late… The Queensland Government has today announced its proposal to completely ban combustible cladding on all new buildings constructed within Queensland [...]

Body Corporate Law – When bylaws Act up

Body Corporate Law - When bylaws Act up We are often asked to review the bylaws applying to a community title scheme. Regularly, our review identifies bylaws dealing with matters that are covered by provisions [...]

Body Corporate Dispute – A dispute with your Caretaker? So what are your options?

A dispute with your Caretaker?  So what are your options? It seems to us that disputes between Bodies Corporate and Caretakers are on the rise. Without doubt there are Caretakers out there, that are simply [...]

Body Corporate Law – Combustible Cladding: Don’t be Complacent – Is Cladding the Only Issue?

Combustible Cladding: Don’t be Complacent – Is Cladding the Only Issue? On 4 February 2019, in the early hours of the morning, a blaze started on the 22nd floor balcony of a Melbourne CBD apartment [...]

Body Corporate Law – Motion Sickness

MOTION SICKNESS It is not uncommon for us to be asked to consider the legalities of a motion being withdrawn before it is voted on.Not unsurprisingly, there is more than one school of thought (as [...]

QBCC Insurance – Is there anything in it for us??

QBCC Insurance – Is there anything in it for us?? This is a question commonly asked by Bodies Corporate suffering building defects and questioning the utility (or futility) of lodging a complaint with the Queensland [...]

New Team Member – Mitchell Scott

Mitchell Scott Mitchell joins Active Law as an Associate to assist in our Body Corporate Disputes division. Mitchell comes from a boutique litigation firm where he gained knowledge and experience as a litigator various legal [...]

Time to turn your clock back. New time limits on making complaints about defective building work

Time to turn your clock back. New time limits on making complaints about defective building work Although it can be like pulling teeth sometimes, a Body Corporate may ask the Queensland Building and Construction Commission [...]

Bodies Corporate – Having Building or Maintenance Work Carried out on Common Property?

HAVING BUILDING OR MAINTENANCE WORK CARRIED OUT ON COMMON PROPERTY? BODY CORPORATES TAKE CARE - ITS NOT JUST AN INVOICE ANYMORE We acknowledge that construction can be quite a dull area (although our construction lawyers [...]

Body Corporate Law – Rules are Rules

Rules are Rules As I always tell my children (not that they listen to me) ….rules are rules. Active Law was recently involved in a matter (Riverford [2018] QBCCMCmr 606 - which at the time [...]

Body Corporate – Oh to have Options

Oh to have Options You will have all heard the saying – “the devil is in the detail”. Sometimes, the detail is a godsend for a body corporate. Take for example, the exercise of an [...]

Body Corporate – We have the Power – Do You?

WE HAVE THE POWER – DO YOU? In recent times, we have been asked, on more than one occasion, whether a duly appointed attorney of an owner can attend a committee meeting. Interesting question! As [...]

Bodies Corporate – Business or Bully? – Activated

Bodies Corporate - Business or Bully? Ever wondered if a Body Corporate could be held responsible for bullying and harassment? You’re not alone. You might recall a few years ago, a decision of the Fair [...]

Body Corporate – A Tale of Two Proxies – Activated

A Tale of Two Proxies Recently an interesting situation arose at a general meeting I was attending. A lot was owned by a separated couple. The husband appointed a proxy and the wife appointed a [...]

Body Corporate Disputes – Body Corporate Pays the Price for Refusing Access – Activated

Body Corporate Pays the Price for Refusing Access The court has recently hit a body corporate with costs after a telecom provider obtained an injunction against them for refusing to allow the provider access to [...]

Body Corporate Law, It’s Not a One Man Band – Activated

Body Corporate Law Experts  IT'S NOT A ONE MAN BAND It is apparent from a spate of recent matters across my desk that it is timely to remind committee members and owners generally that there [...]

Electric Vehicles May Shock Bodies Corporate – Activated

Electric Vehicles Increasing Popularity, How Does It Affect Body Corporate? If today’s Nostradamus’ are to be believed, everyone will be driving electric vehicles (EV’s) in the foreseeable future. Certainly, the major car manufacturers are intent [...]

QBCC Complaints Process & Insurance Scheme – Activated

THE QBCC COMPLAINTS PROCESS AND INSURANCE SCHEME FOR RESIDENTIAL APARTMENT COMPLEXES OF 3 STOREYS OR LESS In our March 2017 edition of Activated (Activated – 14 March 2017) we spoke about the time limits that [...]

Body Corporate Producing Records – Activated

Production of Bodies Corporate's records - Fishing anyone? How often do body corporate managers receive requests from lot owners asking them to send copies of all documents relating to….[insert topic here]. That then begs the [...]

Enforcing BCCM Conciliation Agreements – Activated

Conciliation Agreements – Are they worth the paper they are written on? Are agreements reached in a BCCM Departmental Conciliation process binding on the parties and able to be enforced by one party against another? [...]

Body Corporate Identifying Building Defects – Activated

Getting a building defect report - is it worth the bother? This is a question we are often asked. It is undoubtedly prudent to obtain a building defect report in order to understand the scope [...]

QBCC Defective Work Assistance – Activated

Introducing Paul and Melanie In this Activated we would like to introduce you to 2 new team members, Paul Hick and Melanie Steele. Paul Hick – Construction Law Specialist Paul has joined us as a [...]

Bodies Corporate Predictions for 2017 – Activated

Happy New Year Welcome to the first edition of Activated for 2017. Active Law welcomes 2 new lawyers to its team this year. Paul Hick is an experienced construction lawyer who looks forward to assisting [...]

Bodies Corporate Take Another Hit – Special Activated Edition

Bodies Corporate take another hit! All I can say is ….WOW! I have practiced exclusively in body corporate law since 1995. In those last 21 years I have acted predominately for bodies corporate. I have [...]

Gallery Vie Variations – Activated

Gallery Vie DANGER WILL ROBINSON… Where your bodies corporate have caretaking and letting agreements in place and where those agreements are part of a financier’s security, then I expect you may have been approached by [...]

The New Us!

Active Law Delivers Solutions For Bodies Corporate Welcome to the new Active Law! We have changed our name and our logo, but not our desire to continue to "deliver solutions" to your bodies corporate. You [...]

Body Corporate & Short-term Letting – Activated

Short-term letting: What can your Committee do? As I always tell my children, we’re here for a good time, not a long time. A tenuous link I know, to an article about short term letting. [...]

Navigating Pro Forma Contracts – Active Law

It is a pro forma contract right? how bad can it be? Simple – pretty bad!!! We are often accused of criticising pro forma contracts such as the Master Builders pro forma. Such contracts are [...]

Assignment of Management Rights – Activated

Is your finger on the "Pulse"? What does "financially sound" mean in the contract of an assignment of management rights. Last month an Adjudicator made orders in the decision of Pulse CTS 40129 and TDCCT Pty [...]

ATO & Income From Common Property – Activated

Tax Consequences of Income from Common Property What you need to know: Some bodies corporate receive income from a lease or licence of their common property, such as to a telecoms carrier or a commercial tenant. But individual [...]

Telco Tales: Part 2 – Activated

Welcome to the first edition of Activated for 2016. We trust you had a restful end to 2015. Andrew and I look forward to working with you all again this year. Warm regards, Mark What to [...]

Common Property Problems – Activated

THERE'S A HOLE IN MY ROOF, DEAR LIZA, DEAR LIZA  Aside from finding a hole in one’s wine glass through which the contents have escaped, there is surely nothing worse than a hole in the [...]

Telco Tales: Part One – Activated

What to Consider When Leasing Common Property To Telcos 4 November 2015 By Steven Hunwicks and Mark Mellick We have assisted many bodies corporate in negotiating leases with telecommunications carriers who have approached them about installing mobile [...]

Committees, Wait – Activated

Committees – Wait You Must... Sometimes!  As I always tell my children... good things come to those who wait. For Committees where the scheme is governed by the Standard Module... Wait You Must! Why am [...]

Terminating Management Agreements – Activated

What do you mean – I am being reasonable! As I always tell my children – I am a reasonable man. Father’s are not obliged to act reasonably (they just do). Bodies corporate though are [...]

3 Things To Watch Out For When Giving An Indemnity – Activated

What is an indemnity? In basic terms, an indemnity is an agreement to bear or reimburse the liability of another party. An indemnity is often used in commercial transactions to manage the financial liability of [...]

Body Corporate & Telco Powers – Activated

Responding to a Land Access and Activity Notice from a Telecommunications Carrier Recent media articles have discussed PIPE Networks (PIPE)’s ongoing expansion of its telecommunications network by installing fibre-to-the-building (FTTB) broadband services in capital city [...]