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Management Rights Matters

We have vast and wide ranging experience in Management Rights matters.

The most common areas we are asked to advise bodies corporate on are:

  • New Management Rights agreements including:
    • term
    • duties
    • remuneration and remuneration reviews
    • termination and assignment provisions
  • Variations to Management Rights agreements, including:
    • term and option top ups
    • changes to duties and other legal obligations.
  • Assignments of Management Rights agreements

Our policy in management rights disputes is that a collaborative approach is the best way to deal with them.  We do not advocate a ‘scorched earth’ policy in any management rights matter.  Ultimately, the nature of community living is that people need to be able to live together.  We are firm believers in approaching any contentious matter with a view to resolving it without the need for the intervention of courts.  This is always a far better outcome for all, and something that we are regularly successful at.

We have achieved some outstanding results for bodies corporate who have been on the threshold of a management rights dispute.  If dealt with early enough we can identify the differences of opinion and help each side to understand the position of the other to help resolve them.  We have actively mediated dispute with both bodies corporate and resident managers at the same table.

Examples of articles where we talk about these issues:
Can a body corporate regulate the length of a tenancy?
Pro-actively negotiate disputes over caretaking duties
The commerciality of strata litigation

 

Key Contacts

Frank Higginson

Frank Higginson

Director

Body Corporate
Management Rights
Manufactured Home Parks
Motels