What are management rights?
Management rights is a business that gives exclusive rights – to an individual or company – to provide certain services within a community title scheme (also known as body corporate).
A management rights business typically includes:
• a right to provide caretaking services for a salary or fee payable by the body corporate;
• a right to provide onsite letting services for a commission or fee payable by the owners utilising the service; and
• a caretaker’s unit and / or onsite letting office.
Management rights are typically found in traditional unit, townhouse and gated communities, and generally fall into 2 categories:
• residential or permanent letting; or
• holiday or short term letting.
Management rights can be purchased as an established business or “off-the plan” directly from the developer of a new scheme.
The rights and obligations of the parties (the manager and the body corporate) are set out in a management rights agreement.
Leading management rights law firm
Mahoneys is one of Australia’s leading management rights firms. We are a preferred supplier to the accommodation managers’ industry, and have been the industry’s peak body (the Australian Residential Managers Association (ARAMA)), service provider of the year for the past 3 years.
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Supporting the Industry
Mahoneys have been at the forefront of the industry for over 25 years and are active members of ARAMA. John Mahoney has represented ARAMA and the industry generally at state and federal level for more than 30 years and is responsible for key parts of the management rights legislation.
How we help our clients
A key to our success is the quality of our team and unwavering commitment to providing exceptional legal services.
Our team is made up of dedicated, industry leading lawyers who collectively have over 100 years management rights experience.
Our clients also have access to leading body corporate and management rights litigation specialists, meaning that all issues can be dealt with by one firm.
The key services that we provide our management rights clients include:
- buying and selling management rights
- reviewing, negotiating and documenting: management rights agreements, caretaking agreements, letting agreements
- “topping up” agreements
- exercising “options” (or extension)
- assigning management rights agreements
- terminating management tights agreements
- assisting with statutory remuneration reviews
- preparing letting appointments
- responding to: breach / remedial action notices, Office of Fair Trading investigations
- general management rights advice, including: workplace relations, occupational health and safety, leaseback arrangements, licensing requirements, legal compliance
- disputes and other disagreements, including: disputes with committees, defamation, partnership disputes
Other services we provide include:
- setting up personal / corporate structures for management rights businesses
- reviewing, negotiating and documenting shareholder and partnership agreements
- reviewing, negotiating and documenting alternative structures for owning and running management rights including partnerships, joint ventures and consortiums
Mahoneys is named a leading Queensland Property & Real Estate Law Firm in the 2022 and 2023 editions of Doyle’s Guide to the Australian Legal Profession. Furthermore, John Mahoney (Property & Real Estate and Leasing – 2022 & 2023) and Amy O’Donnell (Leasing- 2022) were recognised as leading Queensland property Lawyers. Amy was also recognised for Real Property Law in the 2023 and 2024 editions of Best Lawyers® in Australia.
