Separate different uses physically, and if possible legally. In community title schemes opposites do not attract. The archetypal dispute ridden complex is the one that contains residences plus a restaurant and bar. Mixed use executed correctly can provide significant advantages both in terms of the marketing and sale of your product and the lived experience of the buyers. Physical separation is great, (for example noise shielding) but so is legal separation. Consider for example, a BMS or layered arrangement to legally separate your commercial uses from your residential uses.
The “conventional wisdom” seems to be that because a Body Corporate can’t refuse a Pet Approval these days (after all by-laws banning pets are void aren’t they?) why not simply bring your pet home and then apply for approval? This approach follows the old mantra of “sometimes it is better to ask forgiveness than permission”.
On 21 May 2020 the Queensland Parliament passed the Justice and Other Legislation (Covid-19 Emergency Response) Amendment Act 2020. The Act includes a new Part 3 into Chapter 7 of the Body Corporate Community Management Act 1997.
The purpose of the new provisions is to help alleviate the financial burden caused by the Covid-19 emergency on Bodies Corporate and Lot Owners.
We are seeking a Litigation Lawyer (Associate/Consultant), Part time or Full time.
The focus of this role will be to deliver strata and building defects / maintenance litigation services, and to assist the Legal Practitioner Director to deliver strategic solutions in strata law, particularly within the broad practice areas of management rights, body corporate and property development.
The firm’s expanding client base includes strata property developers, bodies corporate and an ASX listed company.
Stratum Legal Pty Ltd delivers strategic solutions in strata law, particularly within the broad practice areas of management rights, body corporate and property development.
The firm’s offices are at sunny Mooloolaba – the perfect place for your own ‘sea change’. We offer a flexible family friendly environment in recognition that our firm’s greatest assets are its employees.
Qualifications & Experience
Aside from your 5 years post admission experience, you will need to be both pragmatic and reliable.
- Bachelor of Law
- 5+ years post qualification experience
- Litigation experience
- Building defects litigation experience
- Post Graduate Degree or specialist accreditation
- Strata litigation experience
Salary is commensurate with experience and performance. While we are located on the Sunshine Coast our client base extends from Sydney to Port Douglas. Accordingly you can expect a Brisbane salary, while enjoying the Sunshine Coast lifestyle.
For a confidential discussion regarding this role, please contact:
Michael Kleinschmidt on 0408 676 312.
To apply for this position, please email your curriculum vitae (preferably as PDF doc) to:
Michael Kleinschmidt: firstname.lastname@example.org
Please note that only shortlisted candidates will be contacted.
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