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Looking at a group of strata units in qld where i would be

 
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  • Answered by:Sydney-Lawyer
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Customer Question

Looking at a group of strata units in qld where i would be the major unit holder 13 out of 22 units with 5 other unit owners prepared to support my request for the bodycorp to be restructured as it has got out of control with its expenses can you explain how this system works and how to bring it under contro also there is a managers rights attached to the units do they have any legal rights over my units thankyou also any other advise you think i should question them on

 



Already Tried:
Have only been able to glee information from the agent

Submitted: 297 days and 8 hours ago.
Category: Australia Law
Value: AU$36
Status: CLOSED
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Expert:  Fran-mod replied 296 days and 15 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 296 days and 14 hours ago.

still would like some input thankyou

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Expert:  Fran-mod replied 296 days and 8 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

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Expert:  Sydney-Lawyer replied 296 days and 7 hours ago.

Good Evening


I do not understand what you are trying to do.

Customer replied 295 days and 12 hours ago.

before i buy can the bodycorp come under my control as the majority unit holder so that i can restructure the managment

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Expert:  Sydney-Lawyer replied 295 days and 12 hours ago.

Good Afternoon,


You must firstly become an owner before you have any rights under the body corporate.

By restructuring the management if you mean how the body corporate works in making decisions about Strata levies and all so about how works undertaken this is usually done by votes by all the unit holders.

If you become the major holder then you will have a greater say than the others and possibly pass whatever items are on the agenda in accordance with the act.

Usually the management of strata is given to a strata company that implements what the body corporate decides at meetings.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

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Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16753
Answered: 7/2/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Customer replied 295 days and 6 hours ago.

so you can remove the strata company and run the units from an onsite manager, also in regard to the managing right are we the unit owners bound to only rent our units through them or can i rent out to who ever i want without having to pay them

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Expert:  Sydney-Lawyer replied 295 days and 6 hours ago.

Good Evening,


A strata company is not required to manage a Strata block of units. it is permitted that they are run by the body corporate.

The only requirement is that you comply with the act and that all levies are collected and meetings are held.

On renting the units through the strata company I have never heard of this. You need to look at what the bylaws of the strata say and if it is a requirement that you read through this company you can always arrange to have the bylaws changed.

If there is no by-law that says it must go through them then you can rent to whoever you like and you can collect the rent yourself.

I hope this is of assistance. If you have any further queries please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 295 days and 6 hours ago.

manager rights is some sort of system in qld where the rights to rent out holiday units in resorts is common practice this is separate to the body corp my question is are the owners legally bound to these managers

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Expert:  Sydney-Lawyer replied 295 days and 6 hours ago.

Good Evening


Was this built by a resort owner? Is it mainly holiday letting?

This is very different to what I believed when started to answer.

Customer replied 293 days and 16 hours ago.

the units are all under there own strata title but the owners can either live in them or rent them out, so no its not a resort

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Expert:  Sydney-Lawyer replied 293 days and 16 hours ago.

Good Morning,

Your previous post to this mentions managers rights relating to resort units.

Are these standard residential units or are they zoned in a resort area where you can not have long-term tenants only short-term?

Were they constructed by a resort company who has remained the management company of this unit complex?

Customer replied 293 days and 15 hours ago.

will need to check

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Expert:  Sydney-Lawyer replied 293 days and 15 hours ago.

ok

Customer replied 293 days and 7 hours ago.

they are normal residential on long term leases with a strata company controling the strata no they arent resort management built

Accepted Answer

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Expert:  Sydney-Lawyer replied 293 days and 7 hours ago.

Good Evening,


In that case there is no rule that says you cannot self manage the units.

The unit owners have a right to terminate the agreement with the strata management company and manage the units themselves.

Provided you comply with the act you will have no problems.

There is no law that says that each individual unit under cannot choose their own agent to rent their property.

The reason I was concerned about the resort is because in many of those developments it is written in the bylaws that you must use a certain management company and that you cannot appoint an independent real estate agent unless they approve of them.

You should check the bylaws of the strata to make sure that there is no such bylaw. While this is confirmed the above advice is correct.

I hope this is of assistance. If you have any question please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16753
Answered: 7/4/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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