Management Rights Agreements for Body Corporates in Queensland: Must They Expire, or May They Be "Topped Up" Indefinitely?

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Weber, Dane
Hope, Neil
Pekkanen, Maija-Ilona
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2020
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There is a natural desire on the part of the holders of caretaking agreements to keep those agreements alive for as long as possible to protect the value of the asset embodied in such agreements. Term limits with respect to such rights are determined by statute, however, without any definitive authority on the interpretation of the statutory provisions that apply, caretakers and body corporates alike appear to rely purely on "standard industry practice" to allow unlimited extensions to such agreements. While "standard industry practice" is not an authoritative source of law, there unfortunately exists no definitive authority as to the interpretation of those term limits to settle the tension. May caretaking agreements be extended indefinitely, or do they have a set expiration date, notwithstanding "standard industry practice" or contracts that might suggest otherwise?

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Queensland Lawyer
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© 2020 Thomson Reuters. This article was first published by Thomson Reuters in the Queensland Lawyer and should be cited as Neil Samuel Hope , Dane Bryce Weber and Maija-Ilona Wilhelmiina Pekkanen, Management Rights Agreements for Body Corporates in Queensland: Must They Expire, or May They Be Topped Up Indefinitely?,(2020) 38 Qld Lawyer 17. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
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Private law and civil obligations
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Weber, D; Hope, N; Pekkanen, M-I, Management Rights Agreements for Body Corporates in Queensland: Must They Expire, or May They Be "Topped Up" Indefinitely?, Queensland Lawyer, 2020, 38 (3), pp. 175-175
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