The Queensland Government is poised to introduce a significant change in the approach to property transactions with the introduction of a seller disclosure regime for land sales.
Recently, ABKJ Lawyers were able to help yet another client achieve a positive outcome in what could be considered a landmark case in the area of construction law. The Court’s decision in that matter set a precedent to assist in determining various principles that must be adhered to in order for construction payment claims to be considered valid.
If you are looking to start renting out your property on Airbnb (or other similar platform) there are a few things to consider – namely whether or not you are actually entitled to set up a short term rental. As we have discussed in previous posts, the Council regulates short term rentals quite strictly and it is often not as simple of a process to organise as you might think. Have a look here to read an overview of the by-laws and regulations that surround short term rentals on the Gold Coast. WHAT IS THE COUNCIL APPROVALS PROCESS? In the… Continue Reading
The Gold Coast property market is booming at the moment and with the demand for new dwellings at an all-time high, more and more property developments are set for construction on the Coast in the near future. With over 10 years behind me as a property lawyer on the Gold Coast, I have extensive experience in dealing with land subdivisions, construction of high-rise apartments, and all of the various issues arising with respect to such developments. My passion lies in property development law and as a result I have acted for many developer clients over the years and advise them… Continue Reading
You may have come across a recent report involving a squatter who purposely overstayed her Airbnb stay in New South Wales (as featured on A Current Affair). The legal owner issued a notice to the squatter to vacate the property which resulted in the squatter hiring a security guard to keep the owner from accessing the home.
When preparing legal documents or entering into a contact it is crucial that the parties’ names are complete, spelt correctly and match their legal identification such as a passport, drivers licence or birth certificate. In this article we explain the importance of using your name correctly for the purpose of property transactions.
The Queensland Government has now enacted the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (referred to in this update as the “Regulations“), which was expected to legislate for the State of Queensland the National Cabinet’s ‘Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19’ (referred to in this update as the “National Cabinet Code“).
On 21 May 2020, the Queensland Parliament passed the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020. It makes a number of legislative amendments in various areas, but in a body corporate context, it makes amendments to the Body Corporate and Community Management Act 1997 arising from the COVID-19 situation.
I recently became aware of a body corporate that was pursuing bylaw contravention action against an owner. It was alleged that the owner had made unauthorised modifications to common property, and further that the owner had placed decorative items, such as pots and other items, on that common property. The area in question was a ground floor courtyard. The body corporate had assumed that, because the area was outside, it wasn’t part of the lot.
Whilst perhaps not the most exciting topic to most people, body corporate committees need to actively review their bylaws from time to time. The bylaws are one of a community title scheme’s most important elements.