News and Information

MAHONEYS: Queensland’s leading management rights lawyers

With offices in Brisbane and on the Gold Coast, Mahoneys law firm specialises in property, commercial, hospitality, litigation and dispute resolution legal services.

 

A particular area of expertise is MANAGEMENT RIGHTS.

 

Our heritage

 

Partner John Mahoney has represented the Australian Resident Accommodation Managers Association (ARAMA) and the Management Rights industry for more than 25 years.

 

He has acted in negotiations with the state and federal governments on every significant piece of legislation in that time, and was responsible for the development of key parts of
the legislation.

 

In May 2017, Mahoneys re-affirmed its position as the leader in management rights litigation with a strong victory in the appeal tribunal for a Gold Coast client.

 

Working with us

 

Our law firm is large enough to provide a comprehensive range of advice and advocacy, yet small enough to offer highly personalised service from our team of partners, special counsel, associates, lawyers and paralegals.

 

In it for the long term

 

As a client-focused firm, Mahoneys has built lasting relationships with many of our existing clients in the management rights, property and hospitality industries.

 

Internally, we cultivate a strong culture where our lawyers and support staff embrace our client focus and commitment to providing practical, commercial advice to deliver
best outcomes.

 

Management rights and the law

 

Management Rights is the term given to a business where a person or company is the onsite Building Manager and Letting Agent for a complex with individually titled lots or units.

 

When purchasing Management Rights, you buy the right to conduct the Management Rights business – either from the original developer or the outgoing Resident Manager.

 

This takes the form of an Agreement or Agreements between the Body Corporate and the Resident Manager.

 

Management Rights is a unique area of law in which Mahoneys has specialist skills. Our dedicated partners and staff have practised extensively in this field for many years.

 

For full details of the Management Rights services Mahoneys provides and for more information about Management Rights generally, visit mahoneylawyers.com.au. 

 

Who our clients are

 

We have acted for managers in the purchase or sale of management rights or the granting of further options or renewals of management rights in several thousands of buildings or transactions throughout Queensland and New South Wales.

 

The types of management rights services we provide include:

 

• Acting in the sale and purchase of management rights;
• Developing strategies to approach bodies corporate to secure new agreements or additional options;
• Attending and addressing body corporate meetings;
• Dispute resolution
• Preparing letting appointments or special conditions for these; and
• General advice and assistance on all management rights issues.

 

Management rights disputes

 

When escalation is necessary, our litigation team has handled a huge number and variety of management rights disputes. Actions have been conducted through the Office of the Commissioner for Body Corporate and Community Management, the Queensland Civil and Administrative Tribunal and the Magistrates, District and Supreme Courts.

 

We ran the first successful action under the remuneration review provisions of the Body Corporate and Community Management Act, securing for our manager client an increase in remuneration of more than 60%.

 

We have:

 

• successfully challenged breach actions taken against managers
• procured orders against Bodies Corporate in relation to invalid by-laws seeking to restrict managers’ letting activities
• obtained rulings about the validity of various parts of management rights agreements
• conducted successful defamation actions on behalf of managers

 

Because of our knowledge of the legislation and our understanding of the court and tribunal procedures, we are able to offer dispute resolution and litigation services at a level above – and a cost well below – our competitors.

 

Hospitality and toursim

 

Related to our involvement in management rights is the work that Mahoneys undertakes in the hospitality and tourism area.

 

Apart from working on developments of tourism projects – including mixed-use projects at locations in tourist destinations like the Gold Coast and Airlie Beach – we also look after different work associated with motels, hotels and other tourist and hospitality venues.

 

The types of services we provide in this area include:

 

• The acquisition and sale of a diverse range of freehold properties such as hotels, motels and backpackers establishments;
• The acquisition and sale of different types of tourism related businesses conducted from leased premises;
• Establishing management agreements for operators of tourism businesses;
• Handling negotiations and disputes with various licensing bodies including the Liquor Licensing Division and Councils;
• Establishment of leasing and subleasing structure for, and the acquisitions and sales of, marina berths;
• Negotiation and preparation of leases associated with all types of tourist and hospitality businesses; and
• Establishing management agreements for licensed premises.