Disputes
MHL successfully defended a Body Corporate against a lot owner who sought to overturn the Body Corporate’s decision to pass and/or rule out of order several motions at its annual general meeting. The Commissioner’s Office dismissed the lot owner’s application as frivolous, vexatious, misconceived and without substance and ordered that they reimburse the Body Corporate for its costs in defending the application.
MHL successfully acted on behalf of two lot owners who discovered that a Body Corporate had spent about $1.5M buying properties in its scheme (which is prohibited except in irrelevant circumstances). The Committee sought to justify the purchases by saying the properties were not bought by the Body Corporate, but via a company where the sole director and shareholder was the Chair. An urgent interim Order was obtained to prevent the practice continuing.
MHL successfully defended a Principal Body Corporate against a subsidiary Body Corporate’s application to compel a Principal Body Corporate to take responsibility for a path which was not on the Principal Body Corporate’s common property. The Commissioner’s Office agreed that the Principal Body Corporate did not have a legal interest or responsibility for any part of the path not on its common property, and the path was not an asset of the Principal Body Corporate.
MHL successfully defended a Body Corporate against a lot owner’s application to overturn the Body Corporate’s Chair’s decision to several motions as being out of order at its annual general meeting. The Commissioner’s Office dismissed the lot owner’s application as frivolous, vexatious, misconceived and without substance and ordered that the owner reimburse the Body Corporate for its costs in defending the application.
MHL successfully defended a Body Corporate against a lot owner’s application which sought urgent interim Orders to prevent the commencement of urgent remedial structural works authorised at a general meeting.
MHL successfully acted on behalf of a Body Corporate that needed ongoing access to 3 lots pursuant to s.163 Notices to enable the installation of a Mast Climber to transport materials to the roof where urgent remedial structural works were required.
Contracts
MHL was retained to urgently assist a Body Corporate where a contractor had left the site in a dangerous condition. MHL drafted motions to terminate the existing contacts and appoint a new contractor and to raise a special levy, as well as drafting the contract with the new builder.
MHL was retained to draft access and repair works contracts with 2 lots that were affected by leaks, and to draft the contract with the builder to perform the works to the lots and to common property structural defects.
MHL was retained to review a major painting contract for common property, plus ancillary contracts for over 30 lots.
MHL was retained to review a roof replacement works contract including the installation of Height Safety Anchors.
MHL was retained by a Body Corporate to negotiate ground anchor ad crane licences in respect of an adjacent development.
Seminars
Peter Hunt attended the annual National Strata Community Australia conference.