Friday, July 20, 2012
Q1 Trademark
See Mantra IP Pty Ltd v Spagnuolo [2012] FCA 769 (19 July 2012):
"Like the Chifley Tower, “Q1” was a sign devised by Sunland, a private entity, to, among other things, signify or name its private building development. When it chose the sign “Q1”, it did not adopt or incorporate a geographical name such as that of an established town, suburb or district, like Surfers Paradise, or the Gold Coast. ... From this history, I do not consider there is any basis upon which any trader could claim to have any “common right of the public” to make honest use of the sign “Q1” as a trade mark. Put differently, there is nothing about the sign “Q1” that could be said to bring it within the “common heritage”..."
Friday, February 17, 2012
Government Review of Management Rights
The paper is available here.
Wednesday, December 21, 2011
The Oracle - Developer Wins Lawsuits
Interestingly, the judge's decision (which is long and complex) discussed issues about when a residential apartment building is and can be operated as a hotel or short stay letting operation.
"The contract provided that any authorisation of a person as a letting agent would be in the terms of the Caretaking and Letting Agreement annexed to the Disclosure Statement. That agreement provided for the entity appointed by the body corporate to operate a letting business, and to use certain common property for specified purposes. The letting business was not limited to long-term tenancies. Nothing in the Caretaking and Letting Agreement provided that the letting agent could not conduct its letting business so as to attract short-term tenants and holiday-makers. The letting business involved associated services commonly rendered in connection with letting lots in similar developments and “any other lawful activity.” This authorised the provision of services to guests occupying apartments, including guests staying for a short time who might require room service, a mini-bar and other “hotel-like services”."
"The fact that [the onsite manager] provides guests with certain “hotel-style services” does not mean that the tower has ceased to be a “residential tower” in the sense earlier described. The fact that some of the occupants are there for a short term does not mean that the tower is not a residential tower. The contractual promise of a lot in a residential tower relates to a tower used for residential purposes. The relevant provision distinguished the residential component from the retail component of the development. In its contractual context, a residential tower does not mean simply a tower for owners who are residents or long-term tenants."
Tuesday, December 20, 2011
Mirvac Sells Hotel Division to Accor
This sale received international attention, probably because Accor is a French company.
Many investors have purchased strata titled apartments in Mirvac managed buildings. For the most part, the income is pooled, and investors receive income based on lot entitlements. It will be interesting to see if Accor will be able to manage such complex arrangements, where each hotel has, in effect, many different owners.
A message to Mirvac staff from management said the following:
Wednesday, June 8, 2011
Mosaic The Valley Adds Hotel
Sunday, September 13, 2009
Onsite or Offsite Real Estate Agent?
If you own an apartment, and wish to rent it, there is often a choice between using the onsite building manager (who will often have a real estate agent license) or an offsite real estate agent. There are positives and negatives of both. This is the view of Chris Hinds, an offsite agent, as set out in a recent mailing from him:
"In this day and age, the majority of On-site management offices can provide generic Property Management services. Inappropriately trained staff are usually placed within minimal staffed offices and a heavy reliance is placed on technology and computers to deliver the required service. The business owner is normally no-where to be seen whilst the management of your property is generally handled by unaccountable staff that do not even own an investment property themselves. Sound familiar? Common concerns that generally arise from the above are…
- The Caretaker/Building Manager condoning backpackers or short term letting.
- Poor or unsupervised tenant selection.
- Overcrowding and increased wear and tear contributed by the excess of students, back packers & short-term lets within the building
- Is the most appropriate amount of rent charged to the tenant based on rental market conditions.
- Levies and bills attended to and paid on time.
- Entry and Exit Condition reports completed and done so thoroughly.
- Caretakers/Building Managers wanting an extension could signify their desire to sell out!
- Watch out for those Hotel operators, they are well known to reduce the value of your property."