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[Jimmy-T]

Even with interstate travel restrictions tightening, rather than easing, we can be pretty sure that travel within Australia will be possible before international destinations come back on line. With that in mind, the idea of buying a flat in Noosa, Brisbane or the Gold Coast, and letting it to holidaymakers for most of the year while having …
https://www.flatchat.com.au/qld-confusion/

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[Jimmy-T]

I’d be tempted to say this has stirred up a hornets’ nest in Queensland but it seems that things are already buzzing there. Earlier this year, Melissa Pocock, an academic researcher at Grioffith University on the Gold Coast published an article in the Monash University Law Review Journal  drilling down to the essential issues here, specifically that “consumer rights” laws favour developers and caretaker managers to the detriment of apartment owners and residents.

In it she says, “the interests of both lot owners and … the body corporate have been subjugated to the commercial imperatives of the original owner, the [caretaker management rights holders] and financiers.

“Key court and tribunal decisions … demonstrate a high threshold before the body corporate may validly terminate [caretaker management] arrangements,” she writes, add that “arguably, the BCCM Act [Queensland strata law]  has failed in its secondary consumer protection objective when bodies corporate are bound in the long-term by a statutory system designed to protect others.”

You can download and read the paper HERE.

Also have a look at this online article from the Unit Owners Association of Queensland and the frustrated responses from apartment owners in the state.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

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[Mailbox]

Love your article in Jimmy and it’s GREAT to see this shonky industry being exposed.

For buyers like me it’s a painful process to attempt to wait until the contract expires and then initiate a new one based on current needs & market forces.

It’s just about impossible because incumbent contract holders manoeuvre extensions, usually for no cost.  In other words, they pay multi-$$$ for the initial contract with money going to the developer and are then given extensions by owners free of charge because the owners don’t realise they’re being ‘had’.  Crazy.

Please keep up the good work!  We need people like you to shine a light on this regulatory failure.

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