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 1st 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 2014 - 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 RLAS.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 APPOINTMENTS.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 APPOINTMENTS.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

See Annexure

See Annexure

See Annexure

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