Before an assignment or variation of Management Rights can be effected the body corporate must first approve the proposed assignment or variation. This task can be carried out by the committee, however, the committee should consider very carefully a request for assignment and treat the task with a great deal of responsibility. A committee must conduct proper investigations of the proposed assignees taking into account all of the matters detailed in the relevant regulation module.
If the committee merely 'rubber stamp' an assignment, a scheme may be left with an under-qualified and under-performing manager. This may cause liability upon a committee from individual lot owners.
Committees should obtain specialist legal advice from Herdlaw â€“ The Body Corporate Lawyers, before considering any assignment or variation. In addition, under-performing managers require proper handling and professional dispute management to prevent it escalating into an expensive and protracted legal battle.
Q: Why choose Herdlaw when it comes to Management Rights? A: Because we understand the rights and needs of bodies corporate so you can be assured of getting the right advice!
"As the Director of my own Body Corporate Management Company in Queensland, I often have to consult with Solicitors on behalf of owners or committee on many diverse issues relating to Bodies Corporate. As Robert Herd and his team specialise, and are experts, in Body Corporate issues they are the firm I will always choose if asked for a recommendation. The advice obtained ensures complete confidence and peace of mind that my clients are not likely to suffer from adverse complications resulting from incorrect or outdated legal advice. Robert and his team have always displayed dedication and commitment in providing a high standard of customer service, and I would have no hesitation in strongly recommending their services to my clients."
Clare Cauchi, Director, CJ Strata