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No. Oversail rights are in nature of a licence over the common property and the Body Corporate and Community Management Act 1997 mandates that such rights must only be granted in the way authorised under the regulation module applying to the scheme. Usually that means a special resolution is required for the body corporate to grant oversail rights.
Yes. The body corporate can reasonably require payment of all costs incurred in granting the rights, including legal and extraordinary general meeting costs, in addition to compensation for the grant of the rights. In additional to compensation, we have also assisted bodies corporate to obtain benefits such as the cost of a building wash down and new fences.
Though rare, accidents happen.
In 2012 the motor of a crane on a construction site at the University of Technology Sydney caught fire resulting in the collapse of the boom into the construction site.
In 2016 the motor of another crane on a construction site in St Kilda Road, Melbourne caught fire similarly resulting in the collapse of the boom of the crane.
In 2012 the motor of a crane on a construction site at the University of Technology Sydney caught fire resulting in the collapse of the boom into the construction site.
In 2016 the motor of another crane on a construction site in St Kilda Road, Melbourne caught fire similarly resulting in the collapse of the boom of the crane.
In 2016 the motor of another crane on a construction site in St Kilda Road, Melbourne caught fire similarly resulting in the collapse of the boom of the crane.
The cable, which was connected to a metal hook weighing around half a tonne, was flung coming to rest on the historic Luna Park face. Fortunately, no one was injured.
In 2016 the motor of another crane on a construction site in St Kilda Road, Melbourne caught fire similarly resulting in the collapse of the boom of the crane.
The cable, which was connected to a metal hook weighing around half a tonne, was flung coming to rest on the historic Luna Park face. Fortunately, no one was injured.
Though rare, crane failures present a very real possibility of injury, damage to property, and financial loss against which bodies corporate must take to steps to ensure they will be indemnified and adequately insured.
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The material distributed is general information only. The information supplied is not and is not intended to be, legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice in relation to your specific situation.
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