| Body Corporate & Management Rights Our Body Corporate & Management Rights team includes: Partner – Matthew Weaver;
Senior Associate – Andrew Suttie;
and provides services in a number of areas including: Body Corporate Nicholsons have a specialist body corporate practice and provide advice to a range of stakeholders in strata and community titles schemes. Nicholsons have experience in the following body corporate issues:
• Lot entitlement disputes;
• Contractual disputes;
• Assignment of Management Rights;
• Building defects;
• Revision of by-laws;
• Insurance;
• Maintenance;
• Exclusive use; and
• Dispute resolution procedures.
Nicholsons is a member of the Community Titles Institute of Queensland and provides regular information seminars on legal matters affecting the community title industry. Management Rights The acquisition, sale and operation of management rights are specialist areas requiring specialist advice from industry experts. Engaging the right lawyer, accountant, banker and agent is essential to ensure that a transfer proceeds smoothly and that the integrity of the investment is firmly protected. The team at Nicholsons Solicitors are experienced in all aspects of management rights including:
• Business structuring prior to purchase to ensure that the assets of the purchaser are protected and any tax benefits are maximised.
• Negotiating contracts to ensure that the interests of the client are protected to the greatest commercial extent.
• Managing the process by coordinating the other experts to the transaction.
• Conducting legal due diligence reviews of management rights businesses to ensure that the documents comprising the management rights provide a secure legal framework under which the management rights business may continue to operate.
• Drafting of all body corporate documents and motions required to effectively transfer the management rights agreements to the purchaser.
• Conveyancing of the manager’s unit.
• Preparing and negotiating new management rights agreements (and modifying existing agreements).
• Advising with respect to all issues arising under the Body Corporate and Community Management Act 1997 (and Regulations) and the Property Agents and Motor Dealers Act 2000.
• Drafting Dispute Resolution Applications and submissions with the Commissioner for Body Corporate and Community Management.
• Drafting Community Management Statements and Building Management Statements.
• Advising on all aspects of the Managed Investment provisions of the Corporation Act 2001 including issues related to serviced apartments, short and long-term letting arrangements.
• Advising on franchise agreements and issues from a management rights perspective
Our Body Corporate & Management Rights team members take a practical and realistic approach to assisting clients with their particular needs.
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