Airbnb has been the bane of many company title boards for a number of years. Proposed changes to various Local Environmental Plans are likely to make the problem more prevalent. Company title boards wishing to prevent Airbnb need to get on the front foot quickly....
Share certificates are important documents. It can cause major problems if shareholders have lost their share certificates or dealt with them improperly. What should a company do when a shareholder says that they have lost their share certificate? Section 1070D(3) of...
All company title stakeholders are bound by the memorandum and articles of the company Constitution. What is the memorandum? It sets out what the company can legally do. What are the 'articles of association'? They are an essential guide as to how the company runs....
Before strata title was introduced in the 1960s, apartments were governed by company title. Unlike owning a specific area of the building, as with a strata title, a company title is similar to owning shares in a company. The particular shares you may buy are allocated...
Companies should be vigilant to ensure that all defects in the company title building are promptly repaired. A failure to carry out proper maintenance can result in the company being held liable in damages or being required to pay a statutory penalty. Constitutional...
The division of rights between the shareholder and the company in a company title unit is often a controversial issue. As with many things in company title law, the terms of the constitution will determine whether or not a particular part of the building or parcel of...
Companies raise levies from their shareholders to finance their operations. In order for levies to achieve their purpose, it is necessary for the company to take steps to ensure that the levies are paid by shareholders on time and in full. What is a Strata Levy?...
The ‘house rules’ are a policy which regulates the conduct of residents and the running of a company title building on a day-to-day basis. They often include provisions about things like noise, renovations, short term leasing, the administration of the building and...
All companies must observe the minimum requirements of good corporate governance in order to ensure that they comply with their statutory obligations and run the building in an efficient manner. 1. Holding Board Meetings Board meetings should be conducted on a regular...
Hiring the right management staff can be stressful. Hiring managers is a big responsibility and can be costly. Will they meet the requirements of the business? Are they going to get on with you and your other staff members? JFM Law works with managers and business...
You’re the manager, boss or owner and a particular employee has been costing you through poor performance... again. It’s hard not to lose sleep when your bottom line is on the line, but the most important thing you can do is take action. Here, we set out an example so...
The Performance Review Performance reviews can be tricky. How often have you carried out a performance review, only for you to do all the talking, or for the employee to give no feedback, or only negative feedback? Because of this, performance reviews can be a one...
What is Encroachment? Sometimes, shareholders will mistakenly undertake renovation works on parts of common property. Companies should take action to prevent encroachments in order to ensure a shareholder does not exceed his or her entitlements under the Constitution...
What defines workplace harassment and discrimination? Harassment involves unwelcome behaviour that intimidates, offends or humiliates a person because of a particular personal characteristic such as race, age, gender, disability, religion or sexuality. Sexual...
In Kim Cowie [2016] FWC 7886 the Fair Work Commission rejected an application for a stop bullying order filed by Kim Cowie, a volunteer umpire with Rowing Victoria Inc., on the basis that Rowing Victoria Inc. was not a ‘constitutional corporation’ and so the stop...
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