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Bodies Corporate and the obligation to act reasonably

Last week the High Court handed down its judgment in the matter of Ainsworth & Ors v Albrecht & Anor. In doing so, it clarified the test that will determine whether a lot owner who has dissented to a motion has acted reasonably. Mahoneys acted for the respondent to the appeal. The decision also gives…

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Lot Entitlements – Do you think further changes are required?

The Queensland University of Technology (QUT) Commercial and Property Law Research Centre, on behalf of the Queensland Government, has examined body corporate lot entitlement issues as part of a broad property law review. Lot entitlements are used to determine each lot owner’s share of expenses incurred by their body corporate. These costs typically relate to…

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New smoke alarm legislation

On 31 August, 2016, Queensland State Parliament passed new smoke alarm legislation making Queensland households the most ‘fire safe’ in Australia. This legislation was developed following recommendations handed down after the 2011 Slacks Creek fatal house fire, which claimed 11 lives, including eight children. The legislation specifies that all homes in Queensland must be fitted…

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What is an Exclusive Use Area?

Do you have a courtyard or car park area associated with your unit? If your building is structured as a building format plan (boundaries are the centre of the walls of the buildings) and was built within the last 15 years, chances are the area is common property allocated to your unit as exclusive use. Exclusive…

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