OUT WITH PAMDA – IN WITH PROPERTY OCCUPATIONS ACT & CHANGES TO LICENSING LAWS JOHN PUNCH SHORT PUNCH & GREATORIX
PROPERTY OCCUPATIONS ACT 2014 Limited changes – with effect from 1 st December 2014 Eligibility for licences – Automatic licensing for existing licenses – Body Corporate approval no longer required – Importance of By-laws – Requirement to live on-site – Changed requirements to have an office Relationship to contiguous complexes – multiple building licence – Requirement for licensed person to be in charge – Licensed Director
PROPERTY OCCUPATIONS ACT CONT. BCCM Act provisions still apply No affect on existing Body Corporate Agreements Why have a Letting Agreement with a Body Corporate – Exclusivity – Use of common property Red Tape requirements removed – Display of licence – Indicating auditor in licence application – Keeping an employee register
FORM OF APPOINTMENT OF PROPERTY AGENT OR RLA S.104, 105 & 106 of the Act 104 – General Content of Appointment / Form 6 – Statement as to legal advice – Single or continuing appointment – Services, fees, charges & commissions/timing – Expenses to be incurred – Details of rebates, commission or benefit to the agent – Conditions, limitations or restrictions
105 – Requirement to state Commission payable – Letting of property or rental Expressed as a percentage – Must only be on actual rental collected 106 – Statement that Appointment may be revoked – By 30 days notice or earlier if agreed Regulations require disclosure of conflicts of interest
ASSIGNMENT OF APPOINTMENT S.113 If assigned – client continues with the Assignee, Assignee must give each client written notice – Within 14 days of assignment – penalty applies – Details of Assignee in notice satisfying (a) to (d)
REVOCATION OF APPOINTMENT S.114 May be revoked by either party – at least 30 days notice. However initial term must be at least 60 days. Does not affect existing contracts (i.e owner/client must honour bookings made)
LETTING AUTHORITIES New Form 6 replaces Form 20a – One form fits all – Automatic assignment – Continuation of existing forms 20a as effective – Termination notice by either party 30 days Commission Deregulated
See Annexure for terms & conditions
See Annexure
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