We have written previously about body corporate rules considered ultra vires by the Courts. Contracts entered into beyond the powers conferred by the body corporate rules will be void and unenforceable.
Author Archives | denisemarsden
Are body corporate management contracts ultra vires?
Posted on 04 April 2011.
Posted in Legal0 Comments
New tender form
Posted on 01 April 2011.
Real estate agents have commonly had their own form of tender conditions. The tender conditions were generally similar and most included terms of sale very close to the ADLS/REINZ form of agreement for sale and purchase. A new standard tender form is welcome.
Posted in Legal0 Comments
Gifting your house to the trust, does it really work?
Posted on 02 February 2011.
The transfer of homes into trusts is common place. It is done every day. People do it to protect their assets, to create a distinction between the entity owning the significant assets and the person taking on board liabilities.
Posted in Legal0 Comments
Independence and the Enduring Power of Attorney
Posted on 12 November 2010.
Statute imposes specific obligations on how a power of attorney is to be signed and witnessed. In 2008 changes were made to the legislation that enabled the giving of enduring powers of attorney.
Posted in Legal0 Comments
Subdivisions, minimum areas and cancellation of contracts
Posted on 21 September 2010.
The Supreme Court decision in Mana Property Trustee Limited v James Developments Limited gives some useful advice about minimum area clauses which developers/purchasers entering pre-sales contracts should consider.
Posted in General0 Comments
Transition under the Unit Titles Act 2010
Posted on 16 September 2010.
Once the UTA 2010 commences, there are transitional arrangements that apply for 15 months. This is a short summary of the options, useful for a body corporate secretary/manager.
Posted in Basics0 Comments
Pre-sales contracts
Posted on 30 August 2010.
We recently have been involved with development funding with one of the main banks. The requirements for the pre-sales contracts included:
When can a Purchaser Discount the Purchase Price?
Posted on 21 July 2010.
There has been a very important Supreme Court decision relevant to all people using the standard form ADLS/REINZ agreement for sale and purchase, whether for residential or commercial deals.
Posted in Basics0 Comments
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