Property Services

The Broadley Rees Hogan Property Group is well resourced and committed to delivering comprehensive and commercial legal advice to local and national clients.

Our team of experienced lawyers deliver technically excellent legal advice that addresses all facets of property transactions in a timely and cost-effective manner.

Our particular areas of practice include:

Body Corporate and Community Title

Broadley Rees Hogan is experienced in body corporate and community title law. This involves titling structures and good governance of community title schemes. Issues that arise are broad-ranging, extending from new projects and the creation of new schemes through the registration of community management statements to disputes that inevitably arise in community title living.

We advise bodies corporate about by-laws, new community management statements, and the law on how bodies corporate and committees are required to make decisions.  We act in matters where the body corporate is asked to consent to transfer of management rights and on extension requests. We review and advise on various body corporate agreements with service contractors and we advise on the rules that apply to the use and granting of rights to use common property.

This area of law is complex and in Queensland highly regulated by the Body Corporate and Community Management Act, which is also under review by the government.  Understanding the Act and regulation modules that apply to schemes is essential.

The firm’s property services in this area of law also tie in with our litigation and dispute services.  Body corporate disputes mainly fall under conciliation and adjudication processes and complex disputes are dealt with by specialist adjudicators or QCAT.  By-law breaches, disputes about meeting procedures, vote counting and resolutions are common.  Disagreements over pets, building work, parking, and noise are not unheard of.  When levies are unpaid, the body corporate should act promptly to recover levies from lot owners.  We handle demands, repayments deeds and collection actions, including judgments and execution of judgments.

We understand body corporate law.  Our lawyers write and teach in this area of law, and in other property subjects.

Commercial, Industrial and Residential Property Transactions

Broadley Rees Hogan has a strong focus on property both in the commercial and industrial property markets.  We also handle residential cottage conveyancing and off-the-plan contracts.  Our focus on our clients’ interests is supported by our close connections with property managers, real estate agents, body corporates, developers, financiers and other industry professionals.

Leasing – Retail, Commercial and Industrial

Our team has considerable expertise in acting for both owners and tenants in leasing transactions, including all facets of retail leasing.  We provide our clients with:

• Assistance in negotiating the commercial and legal terms of Agreements for Lease and Leases.
• Drafting retail, commercial and industrial leases.
• Compliance with all relevant legislation.
• Assistance and advice to either party during or after a breach of the terms of an Agreement for Lease or Lease.

Property Development and Project Structuring

Our experienced property group is committed to providing expert services to corporate and institutional owners and property developers.  Starting with the acquisition of a potential development site our team can assist with:

• Applications to the Local Authority for material change of use or reconfiguration of title.
• Liaising with third party service providers such as surveyors, town planners and Body Corporate Managers throughout the development stage through to the completion of Sale Contracts.
• Negotiating with local Authority for conditions of Land use approval.
• Negotiating and drafting of the following documentation:
• • Development Agreements.
  • Sale Contracts (including Off The Plan Sale Contracts).
  • Community Management Statements.
  • Building Management Statements.
  • Disclosure Statements.

Liquor Licensing and Gaming

Our team advises on all aspects of liquor licensing and gaming, including licence applications, licence transfers, risk assessed management plans and general advice on acquisitions and disposals of licensed premises.

Rural Acquisitions and Disposals

We act for many major rural landholders and can advise you in all aspects of acquisitions and disposals relating to rural properties, including advice on water rights and feed lots.

Our People

Gerard Thorpe | Head of Property & Commercial
Alex Lam | Senior Associate
Eilis Rees | Associate

For more information, please contact: