Soumettre la recherche
Mettre en ligne
Merrimac Heights Lessons Learned
•
0 j'aime
•
543 vues
TEYS Lawyers
Suivre
A presentation by Michael Teys 25 November 2011
Lire moins
Lire la suite
Formation
Développement personnel
Business
Signaler
Partager
Signaler
Partager
1 sur 18
Télécharger maintenant
Télécharger pour lire hors ligne
Recommandé
4 property investment will seriously improve your wealth
4 property investment will seriously improve your wealth
Bradley Tomkins
Sel rifiuti didonna
Sel rifiuti didonna
Redazione Noicattaro Web
Reward Credit Cards
Reward Credit Cards
CreditCardFinder
White Paper: Creating a World-Class Build System, and Getting It Right
White Paper: Creating a World-Class Build System, and Getting It Right
Perforce
Newsletter on Wine tourism - Tendencies Enotur - 2 (May 2012)
Newsletter on Wine tourism - Tendencies Enotur - 2 (May 2012)
Parque Científico y Tecnológico de Turismo y Ocio
Kim Garretson: The Digital Marketplace
Kim Garretson: The Digital Marketplace
dmadetroit
1633: I Carafa nel Feudo di Rutigliano
1633: I Carafa nel Feudo di Rutigliano
Redazione Noicattaro Web
The Use of Social Media in Strata Complexes
The Use of Social Media in Strata Complexes
TEYS Lawyers
Recommandé
4 property investment will seriously improve your wealth
4 property investment will seriously improve your wealth
Bradley Tomkins
Sel rifiuti didonna
Sel rifiuti didonna
Redazione Noicattaro Web
Reward Credit Cards
Reward Credit Cards
CreditCardFinder
White Paper: Creating a World-Class Build System, and Getting It Right
White Paper: Creating a World-Class Build System, and Getting It Right
Perforce
Newsletter on Wine tourism - Tendencies Enotur - 2 (May 2012)
Newsletter on Wine tourism - Tendencies Enotur - 2 (May 2012)
Parque Científico y Tecnológico de Turismo y Ocio
Kim Garretson: The Digital Marketplace
Kim Garretson: The Digital Marketplace
dmadetroit
1633: I Carafa nel Feudo di Rutigliano
1633: I Carafa nel Feudo di Rutigliano
Redazione Noicattaro Web
The Use of Social Media in Strata Complexes
The Use of Social Media in Strata Complexes
TEYS Lawyers
The Truth About Strata Are Owners Really Complying With the Law
The Truth About Strata Are Owners Really Complying With the Law
TEYS Lawyers
The Strata Manger's Role in Owners Corporation Finances
The Strata Manger's Role in Owners Corporation Finances
TEYS Lawyers
Managing Common Property Reasonably
Managing Common Property Reasonably
TEYS Lawyers
Maintaining Common Property
Maintaining Common Property
TEYS Lawyers
Keeping Books and Records of an Owners Corporation
Keeping Books and Records of an Owners Corporation
TEYS Lawyers
The 10 Step Guide to WHS & Asbestos Compliance
The 10 Step Guide to WHS & Asbestos Compliance
TEYS Lawyers
Repairing and Maintaining Common Property the Inconvenient Truth
Repairing and Maintaining Common Property the Inconvenient Truth
TEYS Lawyers
Privacy for Strata Managers and & OCs / BCs
Privacy for Strata Managers and & OCs / BCs
TEYS Lawyers
Part Strata Part Stratum
Part Strata Part Stratum
TEYS Lawyers
Effective Levy Recovery
Effective Levy Recovery
TEYS Lawyers
Death on Common Property
Death on Common Property
TEYS Lawyers
Conducting Annual General Meetings
Conducting Annual General Meetings
TEYS Lawyers
Compliance with strata and other applicable laws
Compliance with strata and other applicable laws
TEYS Lawyers
Company Title Conversion
Company Title Conversion
TEYS Lawyers
The Origins of Company Title
The Origins of Company Title
TEYS Lawyers
Children, Leaks, Animals & Parking
Children, Leaks, Animals & Parking
TEYS Lawyers
Changing Strata Law
Changing Strata Law
TEYS Lawyers
Building Defect Disputes
Building Defect Disputes
TEYS Lawyers
Asbestos A Practical Guide to Your Responsibilities Under WHS Laws
Asbestos A Practical Guide to Your Responsibilities Under WHS Laws
TEYS Lawyers
Altering Lot Entitlements Presentation
Altering Lot Entitlements Presentation
TEYS Lawyers
How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17
Celine George
Activity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdf
ciinovamais
Contenu connexe
Plus de TEYS Lawyers
The Truth About Strata Are Owners Really Complying With the Law
The Truth About Strata Are Owners Really Complying With the Law
TEYS Lawyers
The Strata Manger's Role in Owners Corporation Finances
The Strata Manger's Role in Owners Corporation Finances
TEYS Lawyers
Managing Common Property Reasonably
Managing Common Property Reasonably
TEYS Lawyers
Maintaining Common Property
Maintaining Common Property
TEYS Lawyers
Keeping Books and Records of an Owners Corporation
Keeping Books and Records of an Owners Corporation
TEYS Lawyers
The 10 Step Guide to WHS & Asbestos Compliance
The 10 Step Guide to WHS & Asbestos Compliance
TEYS Lawyers
Repairing and Maintaining Common Property the Inconvenient Truth
Repairing and Maintaining Common Property the Inconvenient Truth
TEYS Lawyers
Privacy for Strata Managers and & OCs / BCs
Privacy for Strata Managers and & OCs / BCs
TEYS Lawyers
Part Strata Part Stratum
Part Strata Part Stratum
TEYS Lawyers
Effective Levy Recovery
Effective Levy Recovery
TEYS Lawyers
Death on Common Property
Death on Common Property
TEYS Lawyers
Conducting Annual General Meetings
Conducting Annual General Meetings
TEYS Lawyers
Compliance with strata and other applicable laws
Compliance with strata and other applicable laws
TEYS Lawyers
Company Title Conversion
Company Title Conversion
TEYS Lawyers
The Origins of Company Title
The Origins of Company Title
TEYS Lawyers
Children, Leaks, Animals & Parking
Children, Leaks, Animals & Parking
TEYS Lawyers
Changing Strata Law
Changing Strata Law
TEYS Lawyers
Building Defect Disputes
Building Defect Disputes
TEYS Lawyers
Asbestos A Practical Guide to Your Responsibilities Under WHS Laws
Asbestos A Practical Guide to Your Responsibilities Under WHS Laws
TEYS Lawyers
Altering Lot Entitlements Presentation
Altering Lot Entitlements Presentation
TEYS Lawyers
Plus de TEYS Lawyers
(20)
The Truth About Strata Are Owners Really Complying With the Law
The Truth About Strata Are Owners Really Complying With the Law
The Strata Manger's Role in Owners Corporation Finances
The Strata Manger's Role in Owners Corporation Finances
Managing Common Property Reasonably
Managing Common Property Reasonably
Maintaining Common Property
Maintaining Common Property
Keeping Books and Records of an Owners Corporation
Keeping Books and Records of an Owners Corporation
The 10 Step Guide to WHS & Asbestos Compliance
The 10 Step Guide to WHS & Asbestos Compliance
Repairing and Maintaining Common Property the Inconvenient Truth
Repairing and Maintaining Common Property the Inconvenient Truth
Privacy for Strata Managers and & OCs / BCs
Privacy for Strata Managers and & OCs / BCs
Part Strata Part Stratum
Part Strata Part Stratum
Effective Levy Recovery
Effective Levy Recovery
Death on Common Property
Death on Common Property
Conducting Annual General Meetings
Conducting Annual General Meetings
Compliance with strata and other applicable laws
Compliance with strata and other applicable laws
Company Title Conversion
Company Title Conversion
The Origins of Company Title
The Origins of Company Title
Children, Leaks, Animals & Parking
Children, Leaks, Animals & Parking
Changing Strata Law
Changing Strata Law
Building Defect Disputes
Building Defect Disputes
Asbestos A Practical Guide to Your Responsibilities Under WHS Laws
Asbestos A Practical Guide to Your Responsibilities Under WHS Laws
Altering Lot Entitlements Presentation
Altering Lot Entitlements Presentation
Dernier
How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17
Celine George
Activity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdf
ciinovamais
Unit-V; Pricing (Pharma Marketing Management).pptx
Unit-V; Pricing (Pharma Marketing Management).pptx
VishalSingh1417
ICT role in 21st century education and it's challenges.
ICT role in 21st century education and it's challenges.
MaryamAhmad92
Accessible Digital Futures project (20/03/2024)
Accessible Digital Futures project (20/03/2024)
Jisc
Python Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docx
Ramakrishna Reddy Bijjam
Food safety_Challenges food safety laboratories_.pdf
Food safety_Challenges food safety laboratories_.pdf
Sherif Taha
Magic bus Group work1and 2 (Team 3).pptx
Magic bus Group work1and 2 (Team 3).pptx
dhanalakshmis0310
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
kauryashika82
Making communications land - Are they received and understood as intended? we...
Making communications land - Are they received and understood as intended? we...
Association for Project Management
microwave assisted reaction. General introduction
microwave assisted reaction. General introduction
Maksud Ahmed
Micro-Scholarship, What it is, How can it help me.pdf
Micro-Scholarship, What it is, How can it help me.pdf
Poh-Sun Goh
Asian American Pacific Islander Month DDSD 2024.pptx
Asian American Pacific Islander Month DDSD 2024.pptx
David Douglas School District
1029 - Danh muc Sach Giao Khoa 10 . pdf
1029 - Danh muc Sach Giao Khoa 10 . pdf
QucHHunhnh
On National Teacher Day, meet the 2024-25 Kenan Fellows
On National Teacher Day, meet the 2024-25 Kenan Fellows
Mebane Rash
ComPTIA Overview | Comptia Security+ Book SY0-701
ComPTIA Overview | Comptia Security+ Book SY0-701
bronxfugly43
Mehran University Newsletter Vol-X, Issue-I, 2024
Mehran University Newsletter Vol-X, Issue-I, 2024
Mehran University of Engineering & Technology, Jamshoro
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
MaritesTamaniVerdade
1029-Danh muc Sach Giao Khoa khoi 6.pdf
1029-Danh muc Sach Giao Khoa khoi 6.pdf
QucHHunhnh
Mixin Classes in Odoo 17 How to Extend Models Using Mixin Classes
Mixin Classes in Odoo 17 How to Extend Models Using Mixin Classes
Celine George
Dernier
(20)
How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17
Activity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdf
Unit-V; Pricing (Pharma Marketing Management).pptx
Unit-V; Pricing (Pharma Marketing Management).pptx
ICT role in 21st century education and it's challenges.
ICT role in 21st century education and it's challenges.
Accessible Digital Futures project (20/03/2024)
Accessible Digital Futures project (20/03/2024)
Python Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docx
Food safety_Challenges food safety laboratories_.pdf
Food safety_Challenges food safety laboratories_.pdf
Magic bus Group work1and 2 (Team 3).pptx
Magic bus Group work1and 2 (Team 3).pptx
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Making communications land - Are they received and understood as intended? we...
Making communications land - Are they received and understood as intended? we...
microwave assisted reaction. General introduction
microwave assisted reaction. General introduction
Micro-Scholarship, What it is, How can it help me.pdf
Micro-Scholarship, What it is, How can it help me.pdf
Asian American Pacific Islander Month DDSD 2024.pptx
Asian American Pacific Islander Month DDSD 2024.pptx
1029 - Danh muc Sach Giao Khoa 10 . pdf
1029 - Danh muc Sach Giao Khoa 10 . pdf
On National Teacher Day, meet the 2024-25 Kenan Fellows
On National Teacher Day, meet the 2024-25 Kenan Fellows
ComPTIA Overview | Comptia Security+ Book SY0-701
ComPTIA Overview | Comptia Security+ Book SY0-701
Mehran University Newsletter Vol-X, Issue-I, 2024
Mehran University Newsletter Vol-X, Issue-I, 2024
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
1029-Danh muc Sach Giao Khoa khoi 6.pdf
1029-Danh muc Sach Giao Khoa khoi 6.pdf
Mixin Classes in Odoo 17 How to Extend Models Using Mixin Classes
Mixin Classes in Odoo 17 How to Extend Models Using Mixin Classes
Merrimac Heights Lessons Learned
1.
Merrimac Heights Case:
Lessons Learned Friday 25 November 2011 © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
2.
Well May We
Say………. © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
3.
Gardening agreement
valid to 2022 despite requiring work on lots Caretaking agreement valid to 2022 despite manager’s obligation to supervise itself doing gardening Damages awarded for the manager’s loss of ‘profit’ on gardening of $59,200 © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
4.
Management Rights at
Merrimac Heights 150 Lot Owners Caretaking $135,949 pa Gardening New Gardener $42,996 pa $11,700 pa Common Lots Property © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
5.
The Essence of
the Merrimac Decision !"#$%&'()& !"#$%&'()& !**+%&',-& !**+%&',-& !"#$%&"'(%)*((+,-)%+".% !"#$%&"'(%)*((+,-)%+".% !"#$%&"'(%42$%)*((+$%+".% !"#$%&"'(%42$%)*((+$%+".% "/0-')%*0#-'%/',1-0% "/0-')%*0#-'%/',1-0% "/0-')%)-'5,&-)% "/0-')%)-'5,&-)% 23'--4-0.% 23'--4-0.% 67-0%42$%-4(+"$%23-0.)%."% 67-0%42$%-4(+"$%23-0.)%."% !"#$%&"'(%42$%&72'3-%+".% !"#$%&"'(%42$%&72'3-%+".% (-'8"'4%+".%"/0-'% (-'8"'4%+".%"/0-'% "/0-')% "/0-')% 23'--4-0.)% 23'--4-0.)% 9"%+".%"/0-')%23'--4-0.%:% 9"%+".%"/0-')%23'--4-0.%:% !"#$%&"'(%4*).%'-&"5-'% !"#$%&"'(%4*).%'-&"5-'% 0"%-;(-0#,.*'-%"8%<"#$% 0"%-;(-0#,.*'-%"8%<"#$% &").)%."%3'-2.-).%('2&=&2<+-% &").)%."%3'-2.-).%('2&=&2<+-% &"'(%8*0#)% &"'(%8*0#)% -;.-0.% -;.-0.% © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
6.
So Where Does
This Leave Us? • The body corp contracts with Sadie to clean each apartment weekly • The body corp takes a margin to cover its costs of supplying Sadie’s services • Some owners won’t have Sadie but she gets paid anyway • Some owners don’t pay the body corp but the body corp pays anyway • The developer sells Sadie’s secure income stream to the highest bidder © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
7.
New FronYers for
Body Corps Maintenance Communica-on Domes-c • Cleaning • Telephone • Electricity • Repair • Intercom • Gas • PainYng • Broadband • Water • Pests • Television • Garbage • Mowing • Air Con • HeaYng © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
8.
Is This New
FronYer a Good Thing? Good Evil Complexity Mowing Control PainYng Costs © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
9.
It’s a Queensland
Thing 2,350 20 10 200 25 Number of management rights around Australia Source: Col Myers, Management Rights, The Good, The Bad and The Ugly, ACCAL 10 March 2011 5 © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
10.
Why Management Rights
Have Not Spread • LegislaYve restricYons on developers elsewhere • Common law fiduciary duYes not displaced elsewhere (Arrow case) • NSW liYgiousness © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
11.
LegislaYon Eroding Queenslander’s
Common Law Rights • Fiduciary duYes by a developer gone • Ultra vires (outside powers) gone, Merrimac Heights case • Fiduciary duYes of a manager watered down by code of conduct, Merrimac Heights case So where is the upside? © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
12.
Tired Old Management
Rights Chestnuts • Someone with ‘skin in the game’ will do a beder job than a mere employee • A resident manager will pick a beder tenant because they live there • Developers will not build without management rights to sell © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
13.
Lesson 1 -‐
Long Term Contracts Eliminate CompeYYve Pricing Tension • The award of damages in Merrimac Heights proves this point • Code of conduct duYes about compeYYveness do not trump long term contracts • Absent evidence of value, they ought to be rejected when they end © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
14.
Lesson 2 –
Resident Managers Will Fight for Their Livelihoods • Life savings invariably invested • DepreciaYng assets heavily financed • Market driven percepYon of ever-‐ renewing contract terms © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
15.
Lesson 3 –
LiYgaYon Will Divide the Body Corporate • Passive v aggressive • Investors v owner occupiers • AcYve commidee v disengaged owners © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
16.
Contract Term
Finance ConstricYons Expiry Increasing Receiverships Social Media / Blogging Dark Clouds Over Queensland Management Rights © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
17.
Unit Owners Must
Take Responsibility for Their Own Affairs © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
18.
About the Presenter
Michael Teys is the Founder and Principal Lawyer of TEYS Lawyers. He has a Bachelor of Laws and pracYces exclusively in the area of strata Ytle law. He is a Fellow of the Australian College of Community AssociaYon Lawyers. He was formerly an Adjunct Lecturer with Charles Sturt University. He appears weekly on SKY News Business Channel's Property Success with Margaret Lomas and is a regular panellist for the property ediYon of Your Money, Your Call for the same channel. You can find out more about Michael at www.michaelteys.com TEYS Lawyers pracYce naYonally in strata Ytle law represenYng owners corporaYons, bodies corporate and apartment owners. The firm’s pracYce groups include building defects, management rights, strata community disputes, by-‐laws and rules and levy and fee collecYon. Subscribe for their free e-‐newsleder StrataSpace and find out more about them at www.teyslawyers.com.au © Copyright 2011 Teys Lawyers www.teyslawyers.com.au
Télécharger maintenant