Unit Titles Review 2017

Just before Christmas MBIE announced a review of the Unit Titles Act 2010 and published a discussion document. Submissions on the proposals were due 5pm Friday, 3 March 2017.  Many submissions have been made, including one from us that looks at the changes predominantly from the developer’s perspective. The items subject to review include the…

Airbnb and Leases

The Supreme Court of Victoria was recently asked to consider whether or not a tenant, under a residential tenancy, was in breach of the provisions of the lease by entering into contracts with Airbnb. These allowed guests to stay for a short term, booked via the Airbnb website.   The case went first to the…

The new two year rule

It is proposed to make the profits on sales of residential property taxable if sold within two years of acquisition, subject to certain limited exceptions.  There will be no "purpose" or "intention test" to determine whether profits are taxable, as is presently the case.  This is not law yet but it seems very likely it…

Unit Titles and Leasing

Leasing unit titles is more complex than other forms of leasing. The Unit Titles Act 2010 (UTA) and the body corporate operational rules will prevail over the lease. The landlord might only have a very small say in how that plays out. This depends on their individual voting power. There is another layer of rights…