Body Corporate Caretaking Agreements
Can they be topped up indefinitely, or are they of a fixed length?
Management Rights Agreements in Queensland beyond 30 years, where the Accommodation Module applies, and 15 years, where the Standard Module applies, will be void regardless of acceptance by the Body Corporate.
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“Unexpired Term” does not reset time.
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It is not possible to top up agreements indefinitely
We have undertaken a comprehensive review of the statute. Our findings have been published in Peer-Reviewed journal The Queensland Lawyer.
Management Rights Agreements for Body Corporates in Queensland: Must they Expire, or May They Be "Topped Up" Indefinitely?
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The Queensland Lawyer, (2020)
38 QLD Lawyer 175
Published by Thomson Reuters
The Statutory Life of Caretaking Service Agreements in Body Corporates in Queensland: The Exception to the Freedom of Contract Principle
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The Queensland Lawyer, (2021)
39 QLD Lawyer 39
Published by Thomson Reuters