Dispute Resolution

Agreements to acquire management rights within integrated communities are complex. They often involve a variety of peripheral agreements, including agreements to purchase on-site units, agreements between the buyer and the Body Corporate, and agreements between the buyer and the Body Corporate/developer in relation to caretaking and letting rights. Due to their complexity, management rights agreements can often lead to disputes between management rights business owners, developers and Bodies Corporate on a variety of levels.

Our dispute resolution team has an understanding of management rights businesses and how important it can be for management rights business owners to secure:

• exclusive on-site letting rights;
• letting appointments from Developers; and
• caretaking appointments from Bodies Corporate.

Our dispute resolution team has been and continues to be involved in a variety of management rights disputes, including disputes between:

• management rights business owners and Developers;
• management rights business owners and Bodies Corporate; and
• management rights business owners and Lot owners.

Our team specialises in:

• front end litigation, such as disputes over sale contracts; and
• disputes for management rights operators, such as:
  • the scope and performance of the caretaking duties;
  • responding to breach notices and attempts to terminate the management rights;
  • defamation by committee members and lot owners;
  • whether the committee and body corporate are following the correct procedures when making decisions that affect your business;
  • investigations and disciplinary proceedings by the Office of Fair Trading; and
  • disputes about the conduct of a letting business.

In addition to this, management rights disputes are increasingly encroaching into the realm of construction disputes due to the proliferation of sunset clauses in management rights agreements and the failure of parties to comply or sometimes comprehend sunset clauses. Our dispute resolution team has particular expertise in this area and has assisted several management rights business owners to negotiate outcomes, and where necessary, commence proceedings.

If an issue results in conflict, it is important to know that you have a complete legal team who can seamlessly assist and act for you to resolve the dispute quickly. At Hynes Legal, we are commercially-driven and always focus on achieving an outcome that will minimise your costs-exposure and increase the value of your business.

This link will take you to a selection of cases where we obtained positive outcomes for our clients.

Click here for Recent Cases.

Examples of articles where we talk about these issues:
The commerciality of strata litigation
Breach notices require urgent action