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.
When Did You Last Review Your Scheme’s Bylaws?
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.
COVID-19 And Residential Tenancies
On 22 April 2020, the Queensland parliament passed the Covid-19 Emergency Response Bill 2020. The Bill gives the ability to the various Ministers to recommend that regulations be made in response to the COVID-19 pandemic. On 24 April 2020, the Residential Tenancies and Rooming Accommodation (Covid-19 Emergency Response) Regulation 2020 came into effect.
A week and a half ago, in response to the coronavirus crisis which is gripping our economy and society more generally, the Prime Minister announced that the National Cabinet had agreed to a “moratorium on rental evictions”. The Queensland Government has not yet enacted the legislation to make that announcement legally effective at this stage, but we understand that legislation will be introduced shortly. The moratorium It effectively means that a landlord will not be legally able to terminate a lease and evict a tenant due to unpaid rent, for a period of 6 months. As to when that 6-month… Continue Reading
You and your ex are on good terms and you have agreed as to who will keep the boat and who will keep the house. There are two ways to sever your financial relationship with your former partner when your marriage or de facto partnership comes to an end and that is by way of a Binding Financial Agreement or Orders of the Court. Orders of the Court can be obtained one of two ways – either after a contested trial or by consent. Here are a few things you should consider before you sign on the dotted line for… Continue Reading
First Home Loan Deposit Scheme
The First Home Loan Deposit Scheme (FHLDS) is designed to help low to middle-income earners enter the property market. Previously, most banks required a minimum deposit of 20% of the property’s value. However, with the Government’s new deposit scheme, first time home buyers are allowed to pay a deposit of as little as 5%. This will help them buy a home sooner. Initially, 10,000 Scheme places were released on 1 January 2020, and a further 10,000 will be available from 1 July 2020. The ability to secure a scheme place will be subject to eligibility criteria and availability. How do… Continue Reading
AirBnB and Body Corporate Schemes in Queensland
The rights of a body corporate to enact by-laws which restrict owners’ ability to use platforms like Airbnb have been once again the subject of recent litigation. The outcomes of these cases provide important lessons for those looking to use these online platforms. Key Takeaways In most Queensland schemes governed by the Body Corporate and Community Management Act, by-laws cannot restrict the type of residential use where the lot may lawfully be used for residential purposes. Short-term and long-term accommodation may both constitute residential use, meaning a body corporate generally cannot ban Airbnb simply by describing short stays as a… Continue Reading
Bankruptcy and Family Law
Bankruptcy can be a difficult and stressful time in life and many questions in relation to family law arise during this time. The cross over between family law and bankruptcy is difficult and complicated and legal advice is important in these matters. What is the effect of bankruptcy in Family Law? Once a party to the marriage or de facto relationship has declared/been declared bankrupt, his/her property immediately becomes vested in the Trustee. Excluding some assets such as; household goods, superannuation, trade tools and vehicles up to a specified value. This does not include the family home, as it is… Continue Reading
Property settlements can be a difficult stage in finalising family law matters, especially when other financial resources may affect the property pool such as superannuation. The law treats superannuation as a different type of property and it is important that you know how the superannuation splitting law that governs this area may apply to you in your property settlement. Superannuation Splitting Law Superannuation splitting laws may apply to you if you; Are married or formerly married and have not finally settled your property matters under section 79 or 87 of the Family Law Act 1975; or Are a de facto… Continue Reading
How to Protect Your Intellectual Property
Intellectual Property Law is a complex area of law and was formulated to protect owners of Intellectual Property and to ensure they had exclusive rights to the use of their property. What is Intellectual Property Intellectual Property (IP) is a broad term referring to creations of the mind or proprietary knowledge. It can come in many forms with some of the most common being; inventions, designs, methods, literary, artistic works and symbols, names and images used in commerce. The basis behind the development of Intellectual Property Law is that products of the human intellect should be provided with the same… Continue Reading
