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Body Corporate Lawyers in Australia

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Partner with a team of body corporate lawyers in Australia to resolve disputes, draft by-laws, and comply with strata laws. As your body corporate aims at balancing by-laws and adhering to strata laws, having the experienced team of attorneys at Macmillan Lawyers and Advisors on your side will prove invaluable.

Why Hire Body Corporate Lawyers?

Body corporate lawyers are experienced in dealing with the legal side of strata laws and by-laws. Having body corporate lawyers allows building managers to comply with and enforce rules and regulations using effective and legal methods. The team at Macmillan Lawyers and Advisors deals with these types of issues daily, so partner with us.

How to Choose the Best Body Corporate Lawyer

When choosing a body corporate lawyer for your flat or apartment complex, always check their experience with your area’s strata by-laws. Select a body corporate law firm that you can hire on a retainer basis, allowing you to make use of its services when needed. Your lawyers should have a wide range of experience dealing with tenants and residents, levy recoveries, and strata governance.

Body Corporate Law Services Offered by Macmillan Lawyers and Advisors

Choose Macmillan Lawyers and Advisors based on our experience and knowledge when it comes to strata governance and legal matters. Here’s an overview of how we can help your body corporate with strata management, followed by a more detailed description of each service.

Service Offered Description Key Considerations
Building Defects Construction faults in strata buildings requiring rectification Legal action against builders or developers may be necessary
Your By-Laws Rules governing common property and resident conduct Must comply with state legislation and be enforceable
Levy Recovery Process of recovering unpaid body corporate fees Can include interest charges and legal proceedings
Defamation Cases Disputes arising from defamatory statements within a body corporate May involve legal claims related to meetings or correspondence
Procedural Issues and General Governance Compliance with body corporate procedures and governance Includes voting rights, record-keeping, and decision-making
Management Statements for Buildings Operational rules for mixed-use or large-scale developments Often legally registered and binding on owners and occupants
Subdivision of Lots and Schemes Legal process of dividing or amalgamating strata lots Requires approval and registration with relevant authorities
Management of Rights and Assignments Handling sale transfer or enforcement of management rights Often involves caretakers, letting agents, and contracts
Disputes and Litigation Resolving conflicts through mediation, tribunals, or courts Can arise between lot owners, committees, or third parties

Building Defects

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When it comes to building defects, it’s essential to know who should be held accountable. A body corporate attorney can assist with holding the right party liable and obtaining compensation.

Your By-Laws

A body corporate will have lots of by-laws that are specific to your area and your housing complex. Are body corporate by-laws enforceable? Yes, they are! Knowing how to draft new by-laws and comply with your area’s default laws is substantially easier with a team of body corporate attorneys at your disposal.

Disputes and Litigation

All disputes related to your body corporate can be handled legally by body corporate lawyers. Your lawyers will draft notifications, emails, and legal documentation to resolve disputes immediately before they go too far.

Litigation is always something you’ll want to avoid within a body corporate. However, when disputes do need to go to court, our litigation lawyers can help the process go more smoothly.

Levy Recovery

If residents are behind in their body corporate fees, body corporate legal advice can help you retrieve those funds using legal means.

Procedural Disputes

When it comes to holding homeowners’ meetings, it’s important to do things in a structured and ordered way. If disputes arise during these meetings or regarding how these meetings are conducted, general governance regulations can be implemented.

Management Statements for Buildings

Common property can often be assigned to some residents for exclusive use. This may include parking spaces, visitor areas, or swimming pool areas.

Subdivision of Lots and Schemes

Understanding the borders or divided strata complexes is useful when disputes arise among residents and tenants. A body corporate lawyer will explain the intricacies of these laws.

Management of Rights and Assignments

When a unit goes up for sale, a body corporate attorney can help you understand the legal processes involved. This includes the management rights of each unit while ownership is being transferred.

Defamation Cases

If claims of defamation are made within a body corporate, these can be handled in a comprehensive, legal way by Macmillan Lawyers and Advisors.

Body Corporate Lawyers in Australia FAQs

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Phone: 07 3518 8030

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Address: Level 38, 71 Eagle Street, Brisbane QLD 4000

 

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