Transition under the Unit Titles Act 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. Body corporate rules – a body corporate can either keep its existing Schedule 2/Schedule 3 rules or elect for the rules to be replaced with the operational rules under…

Subdivisions, minimum areas and cancellation of contracts

 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.  This case is also useful when considering what to do when there is a breach of an essential term in an agreement for sale and purchase. The Court found for the…