August 21, 2013

Changes to Body Corporate laws for Queensland

Changes to the Body Corporate and Community Management Act

Changes to the Body Corporate and Community Management Act 1997 (BCCMA) have simplified requirements for disclosure statements given to buyers of existing or proposed lots.
From 1 August 2013, disclosure statements no longer need to:
  • state the extent to which annual contributions payable by the owner of the lot are based on contribution schedule entitlements or interest schedule entitlements; or
  • include a copy of the Community Management Statement (CMS).
Other changes to the BCCMA include:
  • if after the contract date but before settlement date a new CMS is recorded, the seller is no longer required to give the buyer a copy of a new CMS within 14 days; and
  • the removal of the buyer’s right to terminate where the CMS attached to the contract is different to the most recent CMS provided to the buyer (given the removal of the seller’s obligation to provide a CMS before entering the contract and copies of any new CMS recorded after the contract is entered into).

  • Barry.Nilsson. Lawyers
  • Australia
  • August 19 2013
  • August 20, 2013

    September 2013 Real Estate Excellence Member Update

    September 2013 Member Update
    Staff details – are they up to date?
    Emails to third parties reminder
    Amendment to membership agreement
    Real Estate Excellence Training information
       Administration training being held throughout Queensland
       Training CD’s 
    Property Management Excellence Convention 2013
    Criminal conviction for pool owner
    Changes are coming - PAMD Act
    Guide to ATO rental properties 2013
    Real Estate agent receives prison sentence
    PME system users update
    QCAT Case attached to member update
    Licensee/Administration Best Practice
    Inspections and Maintenance – audit recommendations
    Sales Best Practice
    Tips on being a sales champion
    Property Management Best Practice
    QCAT –  Part 2 – QCAT form 2, form 8 and affidavit of service
    Landlord newsletter topic letter (attached to the Member update each month)  Outgoings for the property that the lessor must pay for
    QCAT case study - case for review and staff training attached to the member update
    Emailed to members in the first week of September

    QCAT training

    QCAT has changed our industry greatly since it begin in December 2009.

    Staff today need specialised training and support in the area of tribunal. Real Estate Excellence have developed a four CD training package to ensure that your current and future new staff are trained in this very important area.

    A recent decision handed down in QCAT (appeal) enforced that an agency pay compensation to the tenant; not the owner. Does your agency know about the QCAT Form 45 that should have been completed to prevent this from occuring (or at least trying to)? Real Estate Excellence members and PME system subscribers refer to the August update for more information if needed as this was provided to you as a matter of urgency due to the decision.

    The CD has four different sessions to be held of course anytime in your agency once purchased. If you are a PME system user, the training plus (much more) is online for you.

    For other training information to suit you agency needs that are affordable please visit

    The QCAT Training CD includes FOUR separate training sessions

    * one hour training  on QCAT procedures

    * completing a QCAT form 2 - urgent and non urgent application - half an hour

    * half hour training  on what we must know about QCAT including tips on how to use the website

       Recordings – ordering transcripts
       Reopening a matter – QCAT form 43
       Counter application  - QCAT form 8
       Published decisions – how to find
       Enforcement of a decision
       Request for reasons form
       Appeals -  QCAT form 39
       Joining the landlord – QCAT form 45

    * half hour training on what is an urgent application

    The CD will also include a workbook , best practice completed QCAT form 2 for urgent and non urgent applications and QCAT published decisions and appeals (over 100 cases to study) as at date of CD order to study and review.

    Training CD's are pre recorded webinars presented by Stacey Holt.

    Order online or by emailing Stacey Holt


    CD's are .wmv file format

    August 19, 2013

    Real Estate Excellence Administration Training forums

    Real Estate Excellence Administration training forums
    The following forum is being held throughout Queensland in September and October 2013 (one session per area)
    For more information please visit
    Compliance and best practice tips for completing the PAMD Form 20a and 22a
    including where staff go wrong when completing the forms
     (Best practice completed Form 20a and 22a will be provided to use for your own staff training)
    Landlord and Seller Disclosure - best practice advice and risk management systems  (best practice forms for agency procedures are available to attendees as part of the forum)
    What every administrator needs to know about the PAMD Code of Conduct for their licensee
    What must be on display at your office including information about complaints handling procedure requirements and the Privacy Act
    PAMD Act and employment requirements
    General industry update on compliance and industry matters including the upcoming Property Occupations Act and the Agents Financial Administration Act
    Administration Training CD's - need more training?     Receptionist training CD's available, click on the link for more 

    August 14, 2013

    Property Management Training CD's

    Property Management Compliance, Best Practice and Risk Management Training CD's (QLD Only)
     $99 per CD including GST and postage. Each CD is half an hour in length (estimate).
    Workbook and best practice forms included with each CD. Purchase 5 for $440 including GST.
    More than 10 cd's per order, $77 per CD including GST.
     If you are a PME system subscriber or a Platinum member office with the PME system, the training below already included in the system and is able to be viewed online.
    Processing tenancy applications
    Time management tips for property managers
    Where do these laws from and why we need to know
    Significant breaches of tenancy – what are they and what can we do?
    How to complete breach notices
    Explaining the management agreement to the owner and Management agreement best practice update regarding the continuing appointment and end date
    Routine inspection tips
    Advertising property, showing property and owner feedback
    QCAT Form 2
    Landlord obligations including disclosure
    Tips on using the RTRA Act
    Rental properties for sale
    Tips for newcomers and refresher for the experienced PM
    Property Managers - Did you know - common myths
    Tips on how to be an excellent property manager
    Break leases - the law and best practice
    PAMD Code of Conduct for property managers
    5 reasons a notice to leave can be issued to a tenant
    PM Development programme
    7 ways to legally end a tenancy and 5 reasons a tenant can be listed on a database
    Tenant obligations and the RTRA Act
    Binding a tenant lawfully
    Significant changes to tenancy - lease renewals
    Questions that all property managers should know the answers too
    Questions that all property managers should know the answer too - Part 2
    Do you know the answers to these questions?
    Rent arrears – best practice and the law
    Time management tips for property managers
    For more information  and or to order please contact
    The training CD's are precorded webinars that have been recorded live by Stacey Holt.
    Real Estate Excellence has a service guarantee. 100% satisfaction.  

    August 5, 2013

    Property Management Excellence Convention 2013 - 17th and 18th October

    17th and 18th October 2013 -  Brisbane Exhibition and Convention Centre, Brisbane

    “Be the best that you can be”

    For more information visit

    Tips on career development

    ·    Understanding the role of a property manager today

    ·    Understanding the legislation framework

    ·    Understanding the legislative duty to the landlord

    ·    Common law, statute law, contract law

    ·    Using the right language in your career

    ·    Dispute resolution tips

    Time management presented by Amy Sanderson - LJ Hooker Corporate

    Take control of your day – or everyone else does! Tips to take control and also to be a proactive productive manager!

     New Business Development presented by Tara Milzewski - BDM Academy

    An hour of power - to be the best BDM you can we all need to understand the power of influence.

    Understanding the most important document in the business

    ·    Best practice completion of the management agreement

    ·    Tips on explaining and presenting to landlords

    ·    Landlord disclosure

    ·    Agency requirements when signing up a new client

    Commencing the tenancy lawfully

    ·    Rent payment methods – ensuring your agency is complying with law

    ·    Binding the tenant lawfully upon acceptance

    ·    Tips on how to do a tenancy sign up effectively

    ·    Entry condition reports – beginning with the end in mind

    Managing tenancy effectively

    ·    Rent arrears procedures and tips

    ·    Lease renewals procedures and tips that will save time!

    ·    Routine inspections – how to carry out a routine inspection

    ·    Maintenance – emergency and routine procedures

    Ending a tenancy correctly

    ·    How tenancies can legally end

    ·    Tips on carrying out a vacate

    ·    Dealing with disputes at vacate

    ·    Bond disputes


    ·    Urgent and non-urgent matters

    ·    Decisions and appeals – what every property manager must know

    ·    Tips on presenting to tribunal



    Sign Jumping, Ethics and Managements Agreements in QLD

    There is nowhere in statute law that states a property management agreement is exclusive; the coverage of exclusive agreements in the PAMD Act is for sales only.

    There is a however a contractual term in the management agreement stating that the management agreement is exclusive and that no other agent can  be appointed during the listing period without termination being in place.

    Given this, the lessor is in breach of contract as opposed to breach of law if they appoint another agent whilst a continuing appointment is in place. The only remedy against the owner from their agent is legal action for breach of contract.

    When you have other agents acting unethically and contacting owners of other peoples listings, there is little the listing appointed agent can do other than hope that the owners have been happy with the agency service and that they maintain some sense of loyalty.  When it comes to money and finances, loyalty sometimes doesn’t stack up; therefore it is increasingly common for owners to follow through with agents who make contact or the owner makes the contact themselves.

    The other agent is acting lawfully in regards to ‘sign jumping’ due to federal consumer and competition laws; though they are said by many to be acting unethically. It is strongly recommended that agents look after their own clients as opposed to unethically and at times unprofessionally chasing other agents listings. It must be questioned that at the times approaches are made from other agents to owners, it could be putting our industry into disrepute.
    The agent who is ‘sign jumping’ however may be in breach of federal privacy laws though. The question is how did they obtain the owners information? Lawfully people cannot be marketed to without their express or inferred consent; generally this means that there must be evidence that the person being marketed too has consented to the use of their details for marketing. The agency marketing would need to prove where the consent was obtained. RP Data and Price Finder clearly state on their systems (plus in the agreement with their client/agency that the details cannot be used for direct marketing).

     Agencies who use this unethical method of sign jumping should proceed with caution unless they can prove that the person has consented to the use of marketing. They should also ensure that they are signing owners up on the correct paperwork.

    The managing agent may recommend to the client that they change their address to care of their managing agent by their agent to alleviate this problem.  Agencies could also pick up the phone and advise clients when properties are becoming vacant that they most likely will receive phone calls and or letters once the property is listed as vacant and to refer all agencies enquiring about the property and service direct to your agency, their exclusive managing agent.
    If your agency is a member office of Real Estate Excellence or a PME system subscriber and you would like more advice on this matter  or any other property management matter; please email    
    The above comments are relevant to Queensland.

    August 2, 2013

    Property Management New Business

    Queensland compliance new business offer from Real Estate Excellence

    Three recorded webinars provided to the agency on a CD

    Explaining the management agreement to the owner and understanding the management agreement (half an hour in total)
    Tips on growing the rent roll (estimated 50 minutes in total) 

    The following is also included on the CD;

    Workbooks for the webinars
    A sample completed PAMD Form 20a (4 pages),
    best practice landlord disclosure statement,
    explanatory notes for the 20a when emailing the landlord,
    rental appraisal form,
    Anti-discrimination workbook for landlords and to use in staff training,
    Checklist for new managements,
    Listing form,
    Proof of identity checklist.  


    Non members of Real Estate Excellence $220 including GST
    Platinum and Diamond members - $165 including GST
    Gold members $199 including GST

    plus $100 discount of the Landlord 20 minute induction CD when ordered as per above - ask more for more.
    To view an example of the presentation visit

    For more information contact