Resort News, March 2025

INSIDE

The legal stuff...

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Why magazines still matter

Celebrating Resort News' 30th year in print has me, as my kids say, “in my feels”. As an “old”, a Gen Xer, I’ve witnessed the radical shift in media and communication. We grew up in an analogue world, and to illustrate, I have an O-level in Calligraphy (fancy ink writing), while my youngest, a Gen Zer, has mostly only ever used a keyboard and mouse!

My generation adapted (sometimes reluctantly) to the digital revolution in real-time, and now find ourselves drowning in digital noise, turbocharged by AI: an endless stream of content, misinformation, and nonsense. But amid it all, some journalists and print magazines stand strong.

Mandy Clarke, Editor editor@accomnews.com.au

At Resort News, we know that for a professional industry, having a print publication matters. For professionals, being featured in a respected publication isn’t just about visibility, it’s about credibility.

Anyone can post online, but not everyone gets published.

For business owners, being in print is a milestone. Sure, LinkedIn and Instagram posts have their place, but a magazine feature is a tangible endorsement. It signals expertise, industry recognition, and lasting impact, something digital alone can’t achieve.

Print lingers. It sits in lobbies, on desks, in waiting rooms (and yes, sometimes bathrooms), ready to be picked up.

Print and digital work best together. A feature or ad in Resort News isn’t just a moment in time, it’s a powerful marketing asset that extends beyond the page. It’s shareable across social media, email campaigns, and digital ads, reinforcing your brand’s presence and trustworthiness.

Of course, I’m a firm believer in the power of print, but feedback from contributors speaks for itself. A feature in Resort News isn’t just exposure, it’s an investment in credibility and brand authority. It’s not just about being seen—it’s about being remembered.

If your story deserves more than a scroll-by, let’s talk!

This month, I brushed up my writing skills (not in calligraphy) for a special report on time and motion studies. It’s a mustread (even if I say so myself) for those seeking a top-up or to update agreements.

Finally, a huge thank you to Marion and Chris Simon for sharing their incredible and entertaining story.

Enjoy, Mandy

Negotiating with confidence:

Time and motion studies for fair remuneration

By Mandy Clarke, Editor

Running a management rights business is no easy feat. One day, you’re handling routine property maintenance; the next, you’re dealing with emergency repairs, unexpected disasters, or increased cleaning demands caused by careless residents. Then there’s the ongoing juggle of keeping owners happy, liaising with committees, and managing body corporate relationships—all while ensuring your investment remains viable.

Some days, there simply aren’t enough hours to tackle the never-ending list of tasks. Many resident managers go above and beyond, picking up extra responsibilities that aren’t formally recognised or adequately compensated. While their dedication keeps operations running smoothly, their true workload is often not reflected in their remuneration, and caretaking service agreements frequently lack the clarity needed to define their duties.

Caretaking service agreements

Many caretaking service agreements are outdated, and even newly drafted ones often lack the clarity needed to provide proper guidance.

Trevor Rawnsley

Trevor Rawnsley, CEO of ARAMA, highlights the frustration this causes:

“Few things create more disputes in a managed complex than vague caretaking service agreements.

Ambiguous wording, such as ‘the manager must maintain the common areas to a high standard’ or ‘grounds must be kept clean as required,’ leaves too much room for interpretation.”

When managers seek clarification from ARAMA on specific tasks—should they trim tall hedges? Change lightbulbs? Work weekends? Open the pool at 7am?—his response is always the same: “What does your caretaking service agreement say?”

He stresses that understanding the agreement is crucial, as it defines both job responsibilities and remuneration.

“Ideally,” Trevor says, “every responsibility should be clearly outlined. However, many agreements lack clarity, leading to differing interpretations and, ultimately, disputes.”

A broader pattern of undervaluing services

Trevor also questions why some managers undersell their services, failing to recognise the true value they provide to a scheme.

In ARAMA’s most recent bi-annual Costs and Charges Survey, leading MLR accountants Tony Rossiter and Robert Cuda found a significant disparity in hourly rates charged by managers. While the national average is $54 per hour plus GST, some managers in North Queensland charge as little as $37 per hour plus GST—a $17 per hour difference, amounting to thousands of dollars in lost income annually.

Trevor warns that managers are often undercharging for their expertise and workload, ultimately undervaluing their businesses. He encourages them to review the survey, available on the ARAMA website, as a key tool in setting fair and competitive pricing structures.

The role of a time and motion study

When a caretaking agreement lacks specificity, engaging an independent time and motion study expert can help define clear, structured agreements by outlining precise daily, weekly, monthly, and annual tasks.

These specialists also play a crucial role in resolving disputes, determining whether a task falls within the manager’s contractual scope or requires a contract variation. By providing an objective workload assessment, time and motion studies help managers and bodies corporate evaluate service agreements, set fair remuneration, establish realistic workload expectations, and settle disputes over duties.

Frank Higginson, leading property lawyer at Hynes Legal, emphasises their value: “A well-executed time and motion study provides a detailed breakdown of caretaking tasks, allocating time values to each duty. This helps managers demonstrate how their workload translates into fair remuneration, off ering a transparent foundation for discussions with the body corporate.”

However, he also clarifies: “Resident managers are contractors, not employees, so any remuneration changes must be mutually agreed upon. If there’s no statutory or contractual requirement for a remuneration review, the manager must negotiate with the committee and secure approval at a general meeting. Clear and eff ective communication is key to ensuring a successful outcome.”

Frank also warns against unreliable studies, stating: “Not all time and motion studies are created equal—some may overstate task requirements, leading to disputes. That’s why it’s critical to engage reputable professionals who provide accurate and defensible assessments.”

Despite their growing use, time and motion studies are not legally mandated. The Queensland Body Corporate and Community Management Act 1997 (BCCM Act) regulates community title schemes but does not explicitly require time and motion studies for caretaking duties. This lack of legal obligation has led many industry experts to advocate for structured, more frequent reviews to ensure managers receive fair compensation.

Industry push for legislative inclusion

Many industry experts believe time and motion studies should be conducted more frequently and that structured remuneration reviews should be embedded in management agreements to reflect evolving responsibilities.

Under certain circumstances, both the body corporate and the caretaker have the right to request a review of remuneration or duties. However, most caretaking agreements lack built-in review clauses, meaning updates require mutual agreement. The cost of a time and motion study is usually shared, but if parties fail to agree, disputes often escalate to third parties.

Industry leader Mike O’Farrell, who established MLR Services to help residents, committees, building managers, and bodies corporate resolve disputes through mediation, is among those advocating for legislative change. He argues that time and motion studies should be a legal requirement: “If I could change one thing, I’d like to see more regular reviews—maybe every fi ve years.” He believes mandatory time and motion reviews within the first two years of an agreement would help ensure fair compensation as caretaking responsibilities evolve.

A valid tool for dispute resolution, but they’re not a magic wand

Why timely time and motion studies matter

Unfortunately, time and motion studies are often only sought when disputes arise, rather than being proactively used to update agreements and prevent issues before they escalate.

Chris Irons, formerly Queensland’s Commissioner for Body Corporate and Community Management and now the director of Strata Solve, explains: “Typically, these studies are requested when one or both parties are unhappy with the scheme. Either a committee claims a manager isn’t fulfilling their duties, or the manager argues tasks have evolved beyond the agreement and they are underpaid—or both.”

While time and motion studies can be highly eff ective in resolving disputes, Chris warns they aren’t a magic fi x: “They are a valid tool for dispute resolution, but they’re not a magic wand. Sometimes, they can be a rude shock—remuneration can go up or down.”

Mike O’Farrell agrees, adding that managers who receive annual increases (for example, fi ve percent versus CPI) could see their salary reassessed downward if the study finds that certain tasks take less time than originally estimated. However, it is reported that most time and motion studies reveal managers are significantly underpaid for the workload they carry—often shocking bodies corporate when they realise just how much a manager is responsible for.

Increasingly, it is the manager who seeks a time and motion study to ensure agreements accurately reflect their workload. While committee approval is required, and managers may need to cover the cost, initiating a study early can help prevent disputes before they escalate.

Management rights mentor and Founder, Director of Lett s Group, Kelley Rigby supports this approach, stating: “I always recommend time and motion studies. They’re particularly useful when contracts are outdated and serve as excellent negotiation tools. I’ve seen a rise in managers requesting them, and in my opinion, they should conduct them more regularly to prevent disputes down the line.”

Roland Franz, of Body Corporate Headquarters, also agrees that time and motion studies are essential in modern strata management and should be utilised more frequently “to identify inefficiencies and optimise service delivery in line with client expectations”.

He says: “By analysing how time is allocated to various tasks, strata managers can better assess their capacity, improving resource allocation and client satisfaction.”

Furthermore, he points out that when data from the studies is collated and shared at a broader level, it helps owners understand the scope of a strata manager’s role and set realistic expectations for response times and service delivery.

He adds: “In the strata sector, small business owners inherently grasp this concept and use time and motion studies to ensure quality service and sustainable workload management. However, larger strata corporations often lack this hands-on operational insight, meaning they would greatly benefi t from time and motion studies—especially when assessing the impact of email volume, response times, and staff workloads on both morale and customer satisfaction.”

By analysing how time is allocated to various tasks, strata managers can better assess their capacity, improving resource allocation and client satisfaction.”

Time and motion studies as a negotiation tool for top-ups

For management rights owners seeking contract extensions (topups), a time and motion study is an invaluable tool—not just for securing fair remuneration but also for strengthening a manager’s position in negotiations.

Frank Higginson

Mike O’Farrell

Chris Irons

Kelley Rigby

Roland Franz

Mike O’Farrell advises that preparation is key: “A good approach is to start discussions 12 months in advance and initiate a time and motion review. This ensures that when negotiations begin, managers have clear, objective data to support their case.”

Top-ups are highly sought after because tenure is often more important than salary when it comes to the value of a management rights business. “Buyers prioritise contract length over shortterm income. A longer term agreement provides stability and adds significant value to a business,” Mike explains.

Beyond remuneration, a well-conducted time and motion study can justify a topup request by showing how a manager’s workload has evolved. As schemes expand, new facilities are added, and resident expectations shift , the duties required of a manager often increase—yet contracts may not reflect these changes.

Case study: Why one body corporate commissioned a time and motion study

The body corporate chairperson from a Surfers Paradise building, who wishes to remain anonymous, shared their recent experience with Resort News on commissioning a time and motion study to assess their building’s caretaking.

When their onsite manager requested a top-up, the committee wasn’t comfortable approving it outright. Concerns had been raised about service levels and costs, with some members feeling that remuneration was excessive for the work being done. On closer inspection, they realised their caretaking agreement was outdated and unclear, leading them to engage a consultant for a time and motion study.

Not all time and motion studies are created equal

The results were surprising—instead of being overpaid, the study found that the manager was actually underpaid. However, this body corporate saw the process as a necessary and valuable exercise. With clear, updated data, they could now negotiate fairly with the manager and update the agreement to reflect current expectations and responsibilities that had evolved over time.

While the study confirmed higher costs, the body corporate stood by its decision, recognising that a fairly compensated manager leads to better service and a more sustainable working relationship. More importantly, they believe this process will create a more transparent, cooperative dynamic, fostering better communication, stronger trust, and a more harmonious community moving forward.

How a time and motion study works

Engage an independent expert: A specialist, mutually agreed upon by the manager and body corporate, is appointed to conduct the study.

Workload assessment: The consultant carefully evaluates task frequency, duration, and complexity, ensuring every duty listed in the caretaking agreement is accurately measured.

Review and negotiation: Findings are presented to both parties, facilitating discussions that may lead to adjustments in duties, remuneration, or contract terms.

Implementation of findings: Once agreed upon, changes are formally incorporated into updated contracts, ensuring responsibilities and remuneration are properly aligned.

Setting a benchmark for fair pay

Time and motion studies help establish fair remuneration and workload expectations, but assessment methodologies can vary. Some rely on the Hay System, a globally recognised job evaluation framework based on three key factors:

Know-how: The level of skills, expertise, and experience required.

Problem-solving: The complexity of decision-making in daily operations.

Accountability: The degree of responsibility and financial impact associated with the role.

By using this structured approach, managers and bodies corporate can benchmark roles across industries, ensuring consistent salary structures and justifiable remuneration. Not all time and motion consultants adhere to the Hay System—some develop industry-specific methodologies tailored to property management challenges.

Regardless of the approach, the goal remains the same: ensuring managers are fairly compensated for their responsibilities while providing bodies corporate with a transparent, measurable framework for remuneration.

The role of industry standards

The Australian Building Management Accreditation (ABMA) and the ABMA Building Management Code© is an established industry guide that sets the benchmark for best practices in building management. Lynda Kypriadakis, the primary author of the ABMA Code, emphasises the importance of comprehensive reviews to maintain a balanced commercial relationship between bodies corporate and caretakers.

To achieve this, she explains that ABMA promotes a structured approach to time and motion studies and remuneration reviews, aligning with three key industry standards for building management:

• Remuneration reviews within building management agreements.

• Performance reviews for building managers.

• Preparation of duty schedules in building management agreements.

“These interconnected standards guide the development, implementation, and ongoing review of binding agreements in strata and community title schemes,” Lynda explains. “They are underpinned by the Hay Method of Job Evaluation, the only globally recognised and independent framework for determining fair and sustainable remuneration for caretakers.”

She warns that without structured, independent, and measurable benchmarks, maintaining long-term operational efficiency and commercial sustainability becomes increasingly difficult—leaving agreements vulnerable to disputes, misalignment, and unrealistic workload expectations.

A tool for transparency and fairness

Time and motion studies go beyond salary negotiations; they provide a structured approach to defining responsibilities,

Beyond remuneration, a well conducted time and motion study can justify a top-up

resolving disputes, and keeping agreements relevant. Whether renegotiating contracts or evaluating workload concerns, a time and motion study is an essential tool for both resident managers and bodies corporate.

Key providers

BMCS, Barry Turner: Uses the Hay Group methodology and works with Debbie Wiggins to validate findings.

Leary & Partners: David Leary provides structured workload assessments and has testified in QCAT and other jurisdictions.

Danny Litt le, MRAS Consulting: Recommends that both parties be involved in determining service levels at the scheme, as agreements often lack the necessary clarity.

He said: “The property is inspected, photographed, and recorded, followed by discussions to create a new duties list that aligns expectations. Once agreed upon, the duties list is costed to ensure appropriate remuneration for the work performed.

The greatest benefi t of these reviews is the alignment of expectations between the committee and the caretaker. These reports provide all parties with a clear understanding of the actual cost of performing the duties and highlight the volume of work the caretaker undertakes on behalf of the scheme.”

Tyrin Batt y, Olive Tree Consulting Group: “We undertake 50 percent of this work for developers and strongly advocate for sett ing up these agreements properly from the outset.

“As quantity surveyors, we apply quantity surveying principles to our time and motion studies. This means we start by accurately quantifying areas and facilities, then map out the necessary duties to maintain these spaces at the desired standard and finally apply market rates for the diff erent types of work. The higher the standard, the more frequent and detailed the required maintenance.

“By carefully analysing these elements, we ensure caretaking or building management contracts are remunerated appropriately.

“A key tip for management rights businesses is to establish an accurate remuneration amount at the planning stage of a new development. Doing so sets clear expectations and aligns remuneration with the quality of service required—crucial for maintaining harmonious communities.”

remuneration.

Lynda Kypriadakis

Danny Litt le

Tyrin Batt y

Barry Turner

David Leary

Time to list your investment in management rights

By Trevor Rawnsley, CEO, ARAMA

A great business maxim is that for every minute spent organising, an hour is earned. That’s certainly true when it comes to the business of management and letting rights, which is all about being prepared, punctual and diligent.

Making lists and completing tasks in a timely manner is at the heart of success. As business owners, time is of the essence for managers. While there is no way to add extra hours to the day, with a little organisation, managers can save precious time and make their MLR business all the more efficient. Failing to do so can prove to be extremely costly. Most managers are on the ball, and their hard work is the reason our industry thrives, but some need a refresher. I talk to the Department of Fair Trading every month, and their number one complaint about MLR operators is that trust account audit reports aren’t being submitted on time. This is usually the result of poor planning and bad management.

Sometimes, an ARAMA member calls me to say, “I’ve received a letter from Fair Trading saying I haven’t submitted the audits on time.” The manager then complains that it’s not their job to submit them. I invariably

reply, “Yes, it is YOUR job – you are the licensee. You engage an auditor, you pay the auditor a fee, and one of those jobs might be to lodge the audit on time. If you don’t, and Fair Trading discovers the oversight, they’ll generally send you a ‘Please Explain.’ But if it happens again or has been ongoing for a period of time, they will issue a warning or even a fine.”

Not submitting audits on time stems from a lack of organisation. It’s the same as managers who fail to top up their options.

Managers should create detailed lists of all the tasks required for a scheme and check them off to ensure completion. This provides a record to show the body corporate the immense amount of work residential managers actually do, this is vital when it comes to requesting top-ups.

There are countless responsibilities managers must organise, but tools such as MYBOS software simplify the process making lists and checking them twice to make sure you are on top of your business requirements. Some managers say documenting everything is tedious, but it pays off in the long run, and good software makes it much easier.

Among the vital tasks managers should perform is ensuring they have the annual fire safety compliance certificate for the scheme. Best practice includes having a fire safety plan in place and monitoring it. The annual audits might also include a fire evacuation drill, even though not all schemes require one. Managers must also organise their residual current device certificate and thermographic survey to ensure switchboards don’t overheat. Other necessary certifications include the annual lift safety certificate, annual backflow prevention certificate, hot water system maintenance certificate, and pool safety certificate.

Most schemes have a pool, which requires daily chemical composition checks and rebalancing. Managers should maintain a pool logbook and regularly verify it. Ideally, each morning, a residential manager should perform a dip test and rebalance the water. Best practice also includes bringing in an expert in pool care at least once a month for a digital test, with results logged to verify daily calibrations.

Managers should also regularly check air conditioning systems and the work of cleaning staff. If managing a scheme with furnished apartments, they should conduct routine furniture checks to ensure everything remains in good condition.

Building management software programs like MYBOS allow managers to schedule routine maintenance with checklists for both their letting agent and caretaking service provider roles. Every apartment can be set up as an individual case file, with work scheduled separately.

Managers can create schedules for every task in the scheme— whether it’s daily pool testing or jobs that need attention every three or six months. Calendar reminders ensure no task is forgotten, and each one can be ticked off upon completion.

Reports can then be generated for the body corporate, outlining all completed tasks. A threepage report detailing line items of completed work is impressive proof of a manager’s value to the scheme.

Indeed, many body corporates are surprised by the extensive documented work residential managers perform.

Gush Sarkizians, head of sales at MYBOS, says his company’s software is crucial for preventive maintenance.

“Most managers who don't use MYBOS software create maintenance lists in spreadsheets,” he says. “That

can be quite messy to track, and there’s no historical data.

“With MYBOS, you can create a schedule. If it's already in a spreadsheet, you can upload it into the system, eliminating the need for manual data entry. It will automatically populate a calendar with tasks scheduled for each day.”

MYBOS also provides crucial historical data.

“This is really important for managers when it comes to compliance and auditing,” he says, “because the system tracks every instance of preventive maintenance and records the completion date.

“You can pull reports at any time and always have a record of completed checks and compliance requirements.”

This historical data is invaluable for insurance and warranty purposes. Whoever pays for MYBOS pays for the data. If management rights change hands, committees retain access to maintenance data, allowing them to make informed decisions on replacing or maintaining assets like old hot water systems. Well-organised managers can save their schemes thousands of dollars in maintenance and repairs with accurate records, making them more valuable to a scheme.

Managers should also maintain lists for their role as letting agents, as this role depends entirely on ensuring their licence remains valid. If a licence lapses, managers cannot legally trade. Accepting fees for services while unlicenced is unlawful and may result in orders to repay all collected commissions, fees and charges. Penalties for operating without a licence can be severe.

Compliance and safety remain key concerns for letting agents, and MYBOS can assist in tracking those responsibilities.

Residential managers must ensure mandated smoke

detectors are installed and regularly checked. They must be inspected at the start of every new lease and, ideally, whenever a new guest arrives at a holiday property. This is best practice. It is also crucial for letting agents to keep their fees and charges up to date to avoid undercharging. Every time a letting agent obtains a new client and issues a new form, they should review their pricing. In North Queensland, some resident managers have been found undercharging by as much as $20 an hour simply because they failed to stay up to date with market rates.

In worst case scenarios operators can be held to ransom to get their domain name returned. It’s a serious issue. Renewing cyber security every year is also crucial and you should be constantly checking your anti-virus software.

ARAMA conducts a Fees and Charges Survey every two years to help managers ensure their rates remain fair and competitive. Good managers will also make lists to preserve their role as business owners. Business

Making lists and completing tasks in a timely manner is at the heart of success.

registration must be kept up to date, and domain names for websites must be renewed annually. If you don’t, someone else can take your domain name and you might suffer third-party redirection with them using the name of your complex to take fraudulent payments. In

worst-case scenarios operators can be held to ransom to get their domain name returned. It’s a serious issue.

Cybersecurity is equally crucial—managers should renew their antivirus software annually and remain vigilant.

As business owners, managers should also conduct surveys of their customers and staff. How is the business performing? Seeking honest feedback takes courage, but it is essential for growth and improvement.

Ultimately, preparation is the key to success in any endeavour. It’s not difficult, and it really works. The best MLR operators understand they are in a service industry and must give great service. A little time spent in preparation can lead to a lifetime of success. Put that on your list.

Fanfare or bugbear? An unfair contract terms a air

By Ben Ashworth, Senior Associate, Small Myers Hughes Lawyers

No one wants to make a bad deal, and definitely no one wants to be forced into a bad deal. That’s just not fair. In recent years there has been an increasing push to tackle this issue with new laws specifically targeting and punishing people who force or manipulate others to enter a bad deal.

At first, these laws were more focussed on contracts with unfair terms that were issued by big business. Contracts where the terms are “take it or leave it” and the nature of the business or a lack of reasonably priced alternatives meant that people had to take it. As time passed however, it became apparent that the “take it or leave it” approach works in lots of circumstances and for business operators big and small.

This is why we now have new laws (found in The Australian Consumer Law) devoted to ending existing unfair contracts and preventing the creation of new unfair contracts.

There are two broad questions that are asked to determine whether a contract is unfair. Is the contract a “standard form contract”? Are the terms of the contract unfair?

A standard form contract that has unfair terms within it can be deemed void (terminating the contract as if it never existed) or the unfair terms in the contract can be individually deemed void (removing just those aff ected clauses from the contract).

A “standard form contract” includes contracts that are entered into where:

• one party had most or all of the bargaining power; or

• the contract is a repeat of a contract one party has previously entered into; or

• the contract was prepared before the parties negotiated the terms; or

• a party to the contract was not given an eff ective opportunity to negotiate the terms; or

• the terms of the contract don’t take into account the specific characteristics of a party or the transaction.

A term in a contract is considered unfair when:

• it imbalances the rights and obligations of the parties; and

• it isn’t reasonably necessary to protect the interests of the party it benefi ts; and

• it will cause a detrimental eff ect to a party when it is put into eff ect.

Examples of unfair contract terms include:

• only one party holds a right to terminate;

• clauses that penalise a party when the contract is terminated;

• clauses that allow one party, but not the other, to change the terms of the contract or the prices paid under the contract;

• clauses that don’t allow a party to terminate when the services delivered, or prices charged by the other party are changed unilaterally;

• clauses that let one party alone determine if the contract has been breached or is terminated; and

• clauses that prevent a party from suing another party to recover damages.

In the context of a typical management rights business there are two types of contracts that can easily fall within the scope of a “standard form contract” and therefore managers need to be aware of the risks associated with having unfair terms in these types of contracts. Namely, off the plan caretaking agreements entered with the body corporate and lett ing appointments entered with lot owners.

Off the plan caretaking agreements are contracts that are typically prepared by the developer before the body corporate exists and are entered into without the body corporate having much chance to negotiate the terms. If you are buying a management rights business off the plan and the caretaking agreement appears to significantly favour the manager, there is a real risk that some or all the agreement could be deemed void in the future. For instance, if it seems too good a deal for the manager to be true, it probably is. In these circumstances, the damage has potentially been done before you were involved in the building and so it’s highly recommended you seek legal advice to hopefully remove or at least reduce the risks you may be vulnerable to. Managers have far more control over the contents of

their lett ing appointments, even when they have been inherited from a prior manager. Be aware that if there are unfair terms in a lett ing appointment this will aff ect the current manager even if the terms of the appointment were originally prepared by a prior manager.

Potential unfair terms to look out for with a lett ing appointment include:

• Having a right to change prices without the owner having a right to terminate before the new prices take eff ect.

• Creating and charging for new services that aren’t detailed in the lett ing appointment.

• Having a right to charge a fee or otherwise penalise the owner if they terminate the lett ing appointment early.

If you have some problematic clauses in your lett ing appointments it is worth seeking legal advice to see if you should amend those clauses and remove the unfair elements. Be aware though that a clause can look unfair when it is reviewed on its own out of any context, but it doesn’t necessarily mean that it will be an unfair clause when considered in the context of the entire contract and the transaction it relates to. Decisions on whether a clause is unfair or not are not always black and white. This is one of those times where the vibe of it really does matter.

Liability limited by a scheme approved under Professional Standards Legislation.

Disclaimer: This article is provided for information purposes only and should not be regarded as legal advice.

for tenants in community titles schemes Body corporate 101

The role, rights and responsibilities of tenants in community titles schemes can be confusing. In this article we will clarify the rights and obligations of tenants and dispel misunderstandings associated with tenants and bodies corporate.

Communicating with the body corporate

The most common misconception we encounter is that tenants are not allowed to communicate directly with the body corporate.

Tenants, as residents, can communicate directly with the body corporate—whether it be members of the committee or a body corporate manager.

There is no need for a letting agent to act as a go-between.

A tenant who wants to communicate with the body

corporate can ask their landlord or letting agent for the contact details of the body corporate manager, a committee member, or the onsite manager.

Submitting written requests to the body corporate committee

Committees are normally elected at annual general meetings and are made up of owners or people who act for them and make decisions on behalf of the body corporate.

Even though the legislation expressly enables owners to submit written motions to the committee for consideration, this does not preclude tenants from asking the committee for a decision.

If a tenant would like the committee to decide a matter— for example, maintaining common property or allowing the tenant to park in an area of common property—best practice is to submit a clearly written request to the committee.

Although there is no legislated timeframe for the committee to decide a tenant’s written request (unless it is a request for an animal, which we will discuss later) the six-week ‘decision period’ the committee must observe for an owner’s

motion can still be a helpful guideline for tenants.

For instance, if a tenant submits a written request to the committee about maintenance and the committee does not agree or the tenant does not hear back after a reasonable period (such as six weeks), the tenant may consider lodging a conciliation application with our office.

General meeting motions

A tenant’s written request cannot be included on the agenda for a general meeting (specifically, annual general meetings or extraordinary general meetings). These are meetings where owners vote on more significant body corporate matters.

The legislation provides that general meeting motions may be submitted by:

• an owner; or

• the body corporate committee.

If a tenant wants an issue to be considered at a general meeting because the committee is not authorised to make the decision (for example, a maintenance request which exceeds the committee’s spending limit or a change to the by-laws) their

landlord or the committee may be willing to submit the motion on their behalf.

General meeting voting rights

A tenant does not have voting rights at a general meeting but may be able to indirectly obtain voting rights.

Each lot in the scheme is entitled to one vote on each motion and each owner is a ‘voter’.

If an owner does not wish to be involved in body corporate decision-making, it may be possible for an owner to transfer their general meeting voting rights to a tenant, either by appointing the tenant as:

• their proxy for a general meeting (using BCCM Form 6); or

• the representative of the lot on the body corporate roll.

While a proxy is unable to vote on specified matters, a representative’s voting rights mirror the voting rights of the owner.

Committee membership

It may be difficult for an owner to nominate a tenant for committee membership due to the eligibility restrictions under certain regulation modules.

For schemes registered under the Standard Module or the Accommodation Module, an owner can only nominate a tenant if:

• the tenant is appointed as their power of attorney ; or

• the tenant is a member of the owner’s family.

Conversely, an owner may be able to nominate other individuals (such as tenants) for committee membership under the Small Schemes Module or the Commercial Module

Accessing body corporate records

The Body Corporate and Community Management Act 1997 (BCCM Act) enables some people (called “interested persons” under section 205) to see or copy body corporate records if they:

• give a written request to the body corporate; and

• pay the prescribed fee.

While an owner is automatically classed as an interested person, this is not the case for a tenant.

However, an interested person can also be another person who satisfies the body corporate of a proper interest in the information sought.

Under this category, a tenant may be able to access records such as meeting minutes where a decision was made that impacts them, or the body corporate roll, if they need to confirm the details of another

resident who they believe is breaching the by-laws as part of the enforcement process.

Ultimately, the onus is on the tenant to be precise about any records they are seeking and demonstrate to the body corporate their bona fide interest in the information sought.

Alternatively, a landlord may be willing to access body corporate records on their tenant’s behalf.

Maintenance responsibilities in a body corporate

Since the introduction of minimum housing standards under recent rental reforms, landlords may be required to do additional maintenance or improvements to their property.

However, some of these obligations may overlap with existing body corporate maintenance obligations. It is therefore beneficial for tenants to understand who is responsible for what if they wish to raise a maintenance concern directly with the responsible party.

For instance, there would be little point in a tenant going directly to the body corporate with their concerns if their landlord, as the owner, was responsible for the work.

The format plan of subdivision a property is registered under largely determines the division of maintenance responsibilities between an owner and the body corporate.

The two common types of survey plans are:

• building format plans (also known as a building units plan); and

• standard format plans (also known as a group titles plan).

In a nutshell, the body corporate bears greater responsibility for maintenance in building format plan schemes.

On the other hand, the owner is responsible for most structural and non-structural elements inside their lot boundaries (except for any shared utility infrastructure such as gutters or storm drains) in standard format plan schemes.

Where the body corporate is responsible for maintenance, a tenant can:

• submit a written request to the body corporate committee asking them to fix it; or

• ask their landlord to submit a motion to the body corporate about the required maintenance.

Requests for fixtures and structural changes

Tenants, under tenancy legislation, are allowed to attach a fixture, or make a structural change, if their owner agrees in writing.

Tenants in community titles schemes need to remember that if their request is for something that is a body

corporate responsibility, impacts the common property or is the subject of a by-law, they will most likely require additional approval from the body corporate.

The body corporate legislation specifies that an owner must seek the body corporate’s approval before making any improvements to the common property that benefit the lot.

Pet approvals

Where a tenant in a body corporate receives approval from their landlord to have a pet, this is not an automatic green light to bring the pet into the scheme.

There are two layers of approval for tenants seeking to keep an animal in a body corporate:

1. body corporate approval (if the body corporate’s by-laws require it); and

2. landlord approval.

A tenant can seek approval from their landlord and the body corporate at the same time.

However, as a landlord may have grounds to refuse a tenant’s request if keeping the animal would breach a body corporate by-law, best practice may be for a tenant to ask the body corporate for approval first.

If a landlord refuses their tenant’s request for an animal and the tenant believes the decision is without grounds, the tenant can contact the Residential Tenancies Authority about their options.

If the body corporate refuses a tenant’s request to keep an animal, the tenant may have grounds to lodge a conciliation application with our office.

Tenants can read more about animal by-laws and the body corporate’s limited reasons for refusal on our website.

Timeframes for pet requests

While there is no legislated timeframe for general written requests submitted by tenants to the committee, animal requests are an exception.

Since May 1, 2024, if the committee does not decide within 21 days after receiving a request to keep an animal, the request is considered (or deemed) to have been approved.

In those rarer situations where general meeting approval is needed because the committee does not have the authority to approve a request to keep an animal, the request will automatically be deemed approved by the body corporate if either:

• the body corporate does not call a general meeting within 21 days after the tenant makes the request; or

• the body corporate does not decide the tenant’s request within six weeks after the body corporate circulates the general meeting notice to owners.

Understanding the body corporate’s by-laws

Each body corporate has a unique set of by-laws which regulate the use and enjoyment of common areas and lots within the scheme. As occupiers in the scheme, tenants must comply with the body corporate’s by-laws.

We strongly advise tenants familiarise themselves with these by-laws to better understand their rights and obligations in the body corporate and avoid unintentional breaches.

Tenants should have a copy of their body corporate bylaws as part of their tenancy agreement. Otherwise, they can ask their landlord for a copy.

Tenants should also be aware that under section 180 of the BCCM Act there are limitations for by-laws, essentially, a body corporate cannot create ‘any’ by-law. Importantly for tenants, the BCCM Act states that by-laws must not discriminate between types of occupiers.

So, if your body corporate has a by-law which prevents tenants from using a common property pool, the validity of that by-law may be disputed through this office.

Enforcing by-laws

The body corporate can enforce by-laws against any owners or occupiers in the scheme who are not complying with a by-law.

Where the body corporate issues a by-law contravention notice to a tenant, they must also give a copy of the notice to the lot owner as soon as possible afterwards.

Tenants can also take steps to enforce a by-law against another occupier or owner in the scheme.

The BCCM Act specifies that an owner or occupier (the complainant) can lodge a dispute application through our office to enforce the by-laws only if:

• the complainant has first asked the body corporate (using an approved BCCM Form 1) to give the accused person a contravention notice for the by-law breach that is the subject of the dispute; and

• within 14 days of receiving the BCCM Form 1, the body corporate does not advise the complainant that a contravention notice has been issued.

Tenants can read more about enforcing by-laws on our website.

Lodging disputes through our office

As an occupier, a tenant can lodge a dispute application through our office to resolve a dispute with:

• the body corporate;

• the occupier of another lot; and

• the owner of another lot.

Before lodging a dispute application, a tenant must first try to resolve the issue with the other party, we call this mandatory self-resolution.

The type of self-resolution that is needed may differ depending on who the other party is. For example:

• where the dispute is with the body corporate,

self-resolution may involve submitting a clear written request to the committee; and

• where the dispute is with another occupier or an owner, self-resolution may be evidence of communication with the other person, such as an email or letter.

As outlined earlier, if a tenant would like to enforce the bylaws against another person in the scheme, they must follow the preliminary procedure set out in the BCCM Act

We frequently talk to tenants in community titles schemes who feel frustrated or powerless. This is often a symptom of limited or incorrect information being given to the tenant about their rights and responsibilities in the body corporate.

We hope that this article has clarified some of the key information about tenants for our stakeholders and that tenants feel better equipped to address any future issues which may arise in their body corporate.

Isabella Mansell

Damian Quinn

Trust account audit issues

By Jonathan Hanaghan, Principal, Count Gold Coast

I have been seeing for some time now an increase in Office of Fair Trading activity in reviewing and penalising licensees for breaches to the Agents Financial Administration Act 2014. While some appear to be more serious in nature the main focus appears to be educational with warnings common for first time offences. With this in mind I thought it prudent to set out below the issues I’m seeing on a regular basis.

Monthly reconciliations

What a lot of licensees don’t appear to understand is that the trust bank account must be reconciled to the balance

on the last day of each and every month. Not the second last day or the first day of the next month but the last of the month. This doesn’t mean you literally have to reconcile that day. You have up to fi ve days following the last day of month, to perform the reconciliation but it must commence with the bank balance at the last day of the month.

Queensland legislation (Agents Financial Administration Act 2014) requires the bank reconciliation to be performed on the last day of each month. The legislation reads:

17 Trust account cash book reconciliation

(1) A principal agent must, within fi ve business days after the end of each month-

a. Reconcile the trust account cash book balance as at the end of the month with the trust account ledger balances that show-

i. Each trust accounts creditors name; and

ii. The amount held on behalf of the creditor as at the end of the month; and

b. Reconcile the financial institutions statement balance for the principal agents trust account as at the end of the month

with the trust account cash book balance as at the end of the month.

Receipting and banking

This is another area where many licensees are not aware of their responsibilities. While receipting must be done as soon as practical following the receipting of funds the banking of any cash and cheques has strict rules. All banking must be done either on the day of receipts or the following business banking day. For cash or cheques received on a weekend the OFT allows an extra day with Tuesday being the final day on which these funds must be banked.

Non Trust Funds

This will predominately apply for short term accommodation providers when they receipt funds which represent trust funds (accommodation on behalf of an owner) and non-trust funds, for example, internet, tours or meals income. As the non-trust funds are the income of the licensee these funds must be cleared and transferred out of the trust account within 14 days. The OFT have been very strict on this matter in recent years.

Mid-month licensee draws and mid-month owner payments

I have seen many instances where the licensee has taken mid-month drawings towards their end-of-month fees and commissions. This is a clear breach unless the funds represent non-trust funds (see above). To take midmonth licensee payments the licensee must perform a full reconciliation (say on the 15th) and ensure that all owners and other relevant payments are made prior to the licensee withdrawing their mandated fees, charges and commissions.

Owner letting agreements

This is another area which causes confusion. All current

charges to owners need to be documented within the respective owner lett ing agreement. This means if you have updated or intend to update your schedule of manager fees and charges you need to update your owner lett ing agreements. We always advise seeking legal advice from your industry specialist before proceeding.

What your auditor wants

This will vary depending on the auditor and soft ware being utilised. As a general rule the following is a minimum of what needs to be kept in hard copy on a monthly basis and be available to the auditor at each audit:

• Copy of the final EOM three-way bank reconciliation on the last day of each month (If your system produces multiple three-way reconciliations as part of the month end reconciliation process you should ensure only the final version is retained);

• Reports detailing outstanding/unpresented deposits and/or payments;

• Reports detailing any adjustments;

• Report detailing monies held in trust;

• All original bank statements;

• Copies of all receipts or access to computerised duplicate copies;

• Cashbook report; and

• Owner’s statements and ledger detail reports.

It is important to ensure that the last six points above support and reconcile with the detail of the final EOM three-way reconciliation.

I encourage all licensees to discuss the above with their auditor to determine if there may be any risk within their current practices or how they may improve the presentation of their paperwork.

Natural disasters put insurance under the microscope

By

With climate events becoming more extreme and more frequent, the question of how to handle insurance in strata schemes has never been more in need of a firm answer.

Far North Queensland has been on the receiving end of record rainfall this summer, and the wildfires that whipped through Los Angeles in the USA provided sobering viewing on the news programmes.

Insurers refuse cover

Insurers are now making the call that they will not offer coverage in some regions. They have determined that the risk (and cost) is just too high.

So where does that leave strata schemes in regions such as Far North Queensland where flooding and storm damage have become more common place?

Schemes are obliged to have insurance to cover common property and scheme assets against possible disasters such as storm and water damage.

The BCCM insurance fact sheet notes: “flood insurance is not always included in a standard insurance policy. In flood-prone areas, in order to satisfy the requirement that it obtains coverage to the greatest practicable extent, a body corporate may need to investigate whether it can obtain additional coverage for damage caused by flooding.”

Schemes face tough choices

That seems to leave schemes with little choice. They have to go cap-in-hand to an insurer and negotiate bespoke flood coverage—probably from offshore somewhere—which is likely to cost well above market rates for similar schemes in less risk-prone areas.

At first glance, this seems a textbook case of market failure and thus a case for government to step in and provide some level of insurance coverage or premium subsidy so strata schemes can meet their insurance obligations.

However, as with most things in life, it is not so straight forward.

Risk of moral hazard

The market for flood insurance

hasn’t so much failed, as run screaming from the room.

For government to step in and simply offer flood cover for all schemes in flood-prone areas risks providing inefficient signals to the property market—what is known as “moral hazard”.

Put simply, moral hazard is the potential for risky behaviour to increase when an individual knows the potential cost of that behaviour has been mitigated, such as through insurance. A hire car with full coverage will be driven with less care than one with basic or no coverage.

In the case of property, the market signal from the commercial insurers that a particular region should not be developed because of flood risk would be lessened by the government promising to cover the risk.

Building on flood plains has been an indulgence that Australia can no longer continue to afford.

What about selfinsurance?

Self-insurance simply isn’t possible for strata in Queensland. Even if it was, how do you think banks would look at the prospect of not having insurance on properties they have lent against? Not favourably, is the simple answer! And when banks don’t want to lend, it invariably leads to lower prices because buyers cannot borrow money to purchase.

Costs will only grow

A recent report by analysts from Climate Valuation found about one in 20 homes in Australia are currently either uninsurable or unaffordable to insure. That figure was likely to increase to one in 10 within the next decade, the report found.

None of which makes for comforting reading for anyone needing to find affordable flood insurance for their scheme.

Indeed, an Insurance Council of Australia factsheet about strata insurance from late 2024 is upfront that worsening extreme weather is a key driver of rising premiums.

And the ICA makes this blunt statement: “Where cost for repairs or rebuild are not (fully) covered by insurance, these will need to be paid by an owners corporation’s accumulated funds.”

There is clearly a role for government in this situation, but straight underwriting or subsidies are unlikely to be the full answer. What it needs is leadership to bring about a solution that includes property owners, insurers, and all levels of government.

New Zealand’s Natural Hazards Commission—formerly the Earthquake Commission—could be a model to consider. Because ignoring the problem and hoping it will go away is far too risky.

Frank Higginson, Hynes Legal

Selling:

Contract of sale to settlement

By Andrew Morgan, Motel Broker/Partner, Qld Tourism & Hospitality Brokers

In this final instalment of the three-part series Selling, we look at the final stage of the process.

The first issue, titled Selling: Enquiry through to Inspection, briefl y discussed the initial part of the selling process with a prospective buyer through to completing the site inspection. The second, Selling: Negotiation through to Contract , examined the initial off er to purchase, negotiation, and contract preparation through to execution. This third and final part of the series considers the management and process of the contract through to sett lement.

Moving on from the euphoria of the contract being executed, including payment of the deposit by the buyer, what’s next? Sit back and hope it all goes through smoothly? Hardly. Now it is time to get to work. Although the buyer will have much of the work to do here, the seller also has contractual and non-contractual obligations to manage. The list can be long but is not necessarily difficult to complete.

The broker’s role, in conjunction with both parties, is to ensure that the buyer and seller are completing their necessary tasks, thereby reducing the risk of missed deadlines—or worse, the contract falling through due to poor decisionmaking, inactivity, or mistakes. Sometimes, even a single error, a lack of action, or a miscommunication can

cause a condition date to be missed, leading either party to terminate the contract out of panic or for another reason.

Managing contractual conditions

A contract may be either conditional or unconditional, depending on the negotiation process. An unconditional contract does not include any pending conditions, whereas a conditional contract will often be subject to the following:

1. The buyer receiving satisfactory finance approval, which most often includes a business and/ or property valuation at an acceptable level.

2. A financial and legal due diligence process completed to the buyer’s satisfaction.

3. A building and pest inspection completed to the buyer’s satisfaction. Everyone involved in the process has obligations to fulfil. Some buyers may conduct their own investigations, such as dealing directly with a financier, while others may use the services of a finance broker. Some may complete their own financial due diligence, whereas others will engage an accountant. A buyer might personally inspect the building or hire a builder/ inspector. The approach taken often depends on the experience, knowledge, and history of those involved. Regardless of who carries out these tasks, all parties are bound by the contract’s timeframe. During and after the conditional period, both the buyer and seller must apply for or transfer the relevant utilities, services, licences, agreements, and leases involved. These may include, but are not limited to, accommodation, food, and liquor licences; electricity; communications (such as telephone numbers, internet,

Time for the big day—settlement

and social media); council services; gas; pool and fencing compliance; booking systems; supplier agreements; and equipment leases or hirepurchase agreements.

For leasehold sales, the lessor’s approval to transfer the lease is required. This involves the buyer being assessed and approved by the lessor as a suitable business operator. The buyer must provide satisfactory details regarding their history, experience, and financial capacity.

Employee considerations

Employees must be considered by both parties. A common concern is that a business sale might lead to job losses. In many cases, employees are terminated and paid out by the seller at sett lement, after which the buyer has the option to re-employ them. More often than not, all employees are retained or re-employed by the buyer in the first instance to ensure a smooth transition between owners. Regardless of the approach taken, clear communication between all parties is essential so that employees are informed at the appropriate time.

Training and stock considerations

Training by the seller for the buyer is an important part of the sale process and is typically addressed just before or shortly after sett lement. Depending on the type of business, training requirements can range from minimal to extensive. In the motel industry, training often lasts between one and seven

days, whereas businesses in other industries may require months of training and handover. Nowadays, motel training is generally completed before sett lement, whereas in the past, it was often done afterward.

Stock counting may or may not be necessary, depending on the business and inventory levels. If a business does not operate a restaurant, stock may be minimal and not require counting. Conversely, businesses with a large stock component may conduct an inventory count, with stock values included in the sett lement figures or paid separately by the buyer to the seller.

Settlement

After most of the hard work has been completed, it is time for the big day—sett lement. At this point, solicitors finalise the sett lement statement, including cheque directions, transfer documents, and other legal formalities. The buyer and seller conduct a final inspection, and physical handover of keys takes place. The buyer (or their representative) may or may not have moved into the residence, which is more common now than it was in the past. Once solicitors confirm that sett lement is complete, both parties can (hopefully) move forward happily, excited for the future.

Obviously this is a condensed version of the process, but it summarises the final stages of the seller’s journey and marks the beginning of an exciting new adventure for the buyer.

The power of the brand: It’s personal

By Mike Phipps, Mike Phipps Finance

I’m fascinated by brands. The ‘managing director’ argues that this personality flaw (her words, not mine) is a sad reflection of my desire to be seen by the great unwashed as a successful, cool and groovy bloke. She fails to appreciate, God bless her, that I am an old wrinkly bald guy with no such pretensions, your Honour.

The truth is that my interest in brands stems from what they say about the product, the end user and the sometimesunquantifiable cache that the brand represents. In these days of woke off ence and judgement, an additional layer of intrigue att aches to brands and can say much about the probable values of the consumer.

It’s a minefield to be sure, so let’s jump in, sans metal detector.

Take Tesla (please, just take it).

A brand beloved of the inner city, latte-sipping, anti-petrol, green virtue signaller who most likely hates one D Trump. What to do now that the bloke who runs Tesla is The Donald's best mate? The brand is confused,

and judging by recent sales volumes, so are consumers. Might explain the rush to Chinese EVs, albeit what that says about car buyers is another matter entirely. I want a cheap electric car, that catches fire occasionally and is built by the world’s biggest carbon emitter. They do look kinda cool though!

Take Qantas. A once respected airline we were all proud to call our own and salute the Flying Kangaroo. Then along came Alan. Next thing you know it’s the brand associated with questionable care for staff, corporate virtue signalling, political use of shareholder funds, and a knack of being completely out of touch with the average punter. Sure, we all still fl y Qantas if the ticket is priced right but we don’t love them anymore, despite the eff orts of new management. I could go on, but you get the point. Brands reflect the personal values and taste of the product owner and the consumer and look out if they

Brands reflect the personal values and taste of the product owner and the consumer

go off script. Apple products are easy to use, don’t change dramatically over time, are intuitive to operate and rarely break. I buy Apple because the features I describe I att ach to the brand. So long as they keep doing the same stuff they’ve got me for life, prett y much, regardless of price (to a point of course).

I wear ASICS runners coz they fi t me, look sorta cool, and aren’t associated with old blokes. Other brands are probably just as good, but when I see someone using a Zimmer frame in a pair of Brooks I make a mental note not to

ever be seen in public in a pair. Sad really. But there you go. My contention is that brands do a couple of important things. They encapsulate the product, and they say something about the end user. This can range from cheap and cheerful, and I don’t care what you think of my $10 servo thongs, to expensive and look at me I’m doing well. It’s all about the target market and that’s where things get tricky. Take the two examples above. In the cases of both Tesla and Qantas, brand reputations have been driven to some extent by the public’s perceptions of the people in charge.

In all likelihood, both products still do what it says on the box but the personal brands of those in charge have negatively impacted perceptions of the companies in the eyes of many consumers. The inverse is also true and here’s where I finally get to the point...

Regardless of where you work, what you do and public perceptions of the brand on your business card, it’s imperative to cultivate your individual brand. I can tell you that many of the banks we work with can be challenging to deal with. Within those organisations are people whose names att ach to excellent att itude, great service ethic, strong professional standards and reliable industry knowledge. Prett y much regardless of how inept the organisation or their colleagues might be, their personal brand remains well regarded and in demand. Same is true in sales.

In most sales cultures I’ve encountered there is a cohort of amazing people who are ethical and honest, mixed with a sprinkling of rogues. The really great salespeople establish a personal brand that sits outside the organisational profile while feeding off the positive att ributes and avoiding the less att ractive features of the brand. Really great businesses manage to align broader positive brand reputation with individual standards at which

point you can prett y much own the space you are in.

Of course, this is a balancing act and it’s usually dangerous to allow an individual to usurp the brand. This is particularly true of larger-than-life CEOs or third-party celebrity endorsements. One wrong move and today’s positive profile becomes tomorrow night’s A Current Aff air

And it usually is the result of a current aff air…

On a personal level, I like brands with a sense of humour and/ or a bit of history. I’m writing this on an Air Canada flight on a day that started badly for the carrier. But the flight crew have been in such good spirits and so entertaining that we’ve had a good laugh, all is forgiven, and I’ll probably fl y with them again.

Last night I stayed in a hotel that encouraged me, in the interests of saving the planet, to reuse my towel. All very serious stuff. I’d have been more likely to do so if the litt le sign in the bathroom said: “Help us save some laundry costs and maybe a polar bear or two and reuse your bloody towel. Hell, you don’t use a fresh towel at home every day”.

In terms of brand history, I suspect this is more important than we think. Never underestimate the achievements of the past when pitching the present, particularly if your product or service is more expensive than

In closing, and particularly if you don’t get my sense of humour; just because you drive a Tesla doesn’t make you a wanker of course. Maybe you really do care for the environment, are a battery aficionado and love massive but silent acceleration. Good for you but know the rest of us will take some convincing. At least you’re not driving a Porsche!

It’s a joke people, get over yourselves, I’m just jealous.

PS: Should any of you see Paul Grant in public in servo thongs please report the off ence directly to me. Should you see Cameron Wicking in thongs, it’s not him.

the competition. Certain car and fashion brands do this so well that it’s almost bordering on coercion. Aston Martin are still trading on James Bond circa 1968 and don’t get me started on watch brands. I think Levi jeans are still using photos of James Dean for God’s sake.

PPS: Yeah ok... a bit of introspection on personal brands. Blunt, sometimes insensitive, a sucker for certain brands with history, a terrible show off, occasionally pretentious, moody, reliable, sentimental, honest. But she is the MD, so we accept her for who she is and love her despite her many flaws… or is that someone else close by?

Body corporate committee influence: The importance of ensuring proper maintenance of common property

In Queensland, the regulation and upkeep of common property within strata schemes is a critical responsibility for body corporate committees.

These committees are tasked with ensuring that the shared spaces and structures within a building or complex are maintained to avoid issues of non-compliance with local laws and regulations, as well as to prevent catastrophic structural failures. The consequences of neglecting such responsibilities can be severe, ranging from regulatory penalties to devastating accidents involving injury or loss of life. The importance of body corporate committees ensuring

the proper maintenance of common property in strata schemes cannot be understated.

Drawing on real-world examples such as falling windows from high-rise apartment buildings and collapsed awning structures at commercial properties, this article hopes to encourage committees to act promptly on repairs and maintenance.

The role and responsibilities of body corporate committees

A body corporate committee is an elected group of individuals who represent the owners within a strata scheme. Their responsibilities include overseeing the management of the common property, enforcing the rules of the scheme, and ensuring compliance with a multitude of legal obligations. In each state strata legislation establishes the respective legal framework that governs the operation of body corporate committees. One of the most critical aspects of this governance is maintaining the structural integrity and safety of common property, which may include building exteriors, shared facilities, essential services and associated safety infrastructure, as well as recreational facilities and landscaping.

Regular inspections by competent persons and the development of site-specific maintenance schedules are essential to identifying issues before they become larger problems. Without careful attention, even minor issues can snowball into major risks. For instance, a seemingly small crack in the façade of a building could indicate a more significant underlying structural issue. If not addressed promptly, it could allow water ingress that could ultimately lead to catastrophic consequences, such as the collapse of a window or a part of the building.

The risks of noncompliance and neglecting maintenance

One of the most significant risks of poor maintenance is non-compliance with safety regulations and exposure to damages claims by injured or affected persons. Strata schemes are required to adhere to a variety of Australian Standards, the National Construction Codes, local council building permit requirements and public (and workplace health and) safety standards. These codes and standards have implications related to structural safety (for instance, balcony balustrades and stairs) fire safety, air handling (such as, carpark exhaust systems) lifts, and electrical systems. Failure to ensure compliance can result in significant financial penalties, legal action, and reputational damage to the owners and the body corporate committee. Moreover, noncompliance often leads to more dangerous consequences.

For example, there have been incidents where windows have fallen from high-rise apartment buildings due to poor maintenance or failure to adhere to safety protocols.

In 2018, a major incident occurred in Brisbane when a window fell from an apartment building in the city’s Central Business District, narrowly missing pedestrians below. The window had not been properly secured or inspected as part of regular maintenance. The incident led to public outcry and prompted increased scrutiny of the maintenance practices of high-rise buildings in Queensland. Such incidents highlight the urgent need for body corporate committees to take their maintenance responsibilities seriously.

Beyond the legal and financial implications, there is the very real risk of personal injury or death. The falling of windows or other structural elements can result in harm to residents or the general public, which could have been easily prevented with proper inspection and timely maintenance.

The importance of regular inspections and maintenance schedules

Regular inspections by a competent person are the backbone of proper maintenance in strata schemes and the expense of engaging an engineer or qualified building consultant for such inspections is highly recommended. By conducting periodic inspections of the building’s common property, body corporate committees can identify areas that require repair or further examination. These inspections should not only focus on aesthetic issues but also on the structural health of the building, such as the condition of windows, awnings, balconies, and roof structures. A prime example of this is the potential danger posed by faulty or inadequately

By Lynda Kypriadakis,

The Diverse Group of Companies & DPX Projects

maintained awning structures at commercial shopfronts.

There have been instances in Queensland where poorly maintained awnings have collapsed, leading to injuries or fatalities.

For example, in 2014, a pedestrian in Brisbane was severely injured when an awning at a commercial property suddenly collapsed due to corrosion and neglect. Investigations revealed that the property had not undergone the necessary maintenance checks required by law, and the structural damage had been evident for months before the incident.

This case serves as a stark reminder of the importance of proactive maintenance. Regular inspections, conducted by professionals with expertise in building safety, can identify weaknesses in awning structures or other shared facilities that might otherwise go unnoticed.

Early detection of issues allows for timely intervention, ensuring that necessary repairs are carried out before an accident occurs.

Importance of following consultant advice

Some body corporate committee members fail to follow the remedial works advice of engineers and building industry professionals when warnings have been provided about defects and anticipated structural failures.

Where reports from engineers are on body corporate record (for example, recommending urgent repairs) and the body corporate committee fails to follow such advice, the body corporate may find their insurance renewal is unsuccessful if the insurer locates these reports. Structural defects reported by engineers and building consultants constitute “known liabilities” for disclosure to the body corporate insurer. Failure to disclose these structural defects may have adverse repercussions on future insurance cover and premium values for the body corporate.

Cost of inaction and long-term financial implications

Failure to maintain common

property and comply with building safety regulations can also have severe financial implications. When issues are allowed to fester, they often lead to larger, more expensive repairs down the line. What may have started as a small leak or crack can eventually require extensive structural repairs, costing the body corporate a significant amount of money. Moreover, if the body corporate fails to maintain the property and something goes wrong, the owners may face legal action, further driving up costs.

In some cases, a body corporate may be required to pay compensation to residents or third parties who are injured as a result of inadequate maintenance. In addition to financial compensation, the body corporate could be liable for medical bills, legal fees, and the cost of cleaning up after an accident. The financial burden placed on the committee and the owners can be considerable, making the upfront investment in regular maintenance and inspections far more costeffective in the long run.

Conclusion

The importance of body corporate committees ensuring the proper maintenance of common property in strata schemes cannot be overstated.

Regular inspections and proactive maintenance schedules are vital for ensuring that the property complies with building codes and safety regulations.

Failure to do so not only exposes the committee and owners to the risk of legal action and financial penalties but also endangers the lives of residents, tenants, and members of the public.

The examples of falling windows and collapsed awnings serve as clear reminders of the devastating consequences of neglecting maintenance responsibilities.

By prioritising the safety and integrity of common property, body corporate committees can help prevent these accidents and ensure the long-term success and safety of their strata schemes.

Realistic expectations of your building manager

By Roland Franz, General Manager, Body Corporate Headquarters Strata Consulting Services (Qld)

The role of a building manager, also known as a caretaker, is crucial in many strata communities, particularly where there are shared facilities, resort style grounds and gardens, mixed use or layered developments.

The building managers/ caretakers ensure the smooth operation and maintenance of common property, contributing significantly to the quality of life for residents. However, it’s essential for owners and residents to understand what expectations are reasonable, what crosses the line, and what constitutes taking advantage of these professionals.

This article explores these aspects with a view of assisting owners and residents to understand realistic expectations thereby fostering positive relationships and engagement with their building manager/caretaker resulting in a better strata experience.

Understanding the role of a building manager/caretaker

A building manager typically purchases the caretaking and lett ing rights within a body corporate community. This investment means they have a vested interest in maintaining the property to a high standard.

The BCCM Act in combination with the caretaking agreement applicable to the caretaker’s engagement outlines the responsibilities and limitations of building managers, ensuring that both the managers and the owners have a clear understanding of their role and responsibilities.

Caretaking duties

Caretaking duties primarily involve the maintenance and management of common property. This includes tasks such as:

• Cleaning and maintaining common areas.

It’s essential for owners and residents to understand what expectations are reasonable...

• Managing waste disposal and recycling.

• Ensuring the proper functioning of shared facilities.

• Conducting regular inspections and addressing maintenance issues promptly.

• Reporting on activities that present a safety concern or actions that are in contradiction of the by-laws of the scheme.

These duties are essential for the upkeep of the property and the living experience of its residents.

Letting duties

Lett ing duties, on the other hand, involve managing rental properties within the community.

This includes:

• Advertising and leasing units.

• Collecting rent and managing tenant relations.

• Conducting inspections and ensuring compliance with rental agreements.

While these duties are separate from the caretaking responsibilities, they are equally important for investor owners and tenants seeking to reside in the strata community. What is reasonable, what is not, and what is taking advantage?

Reasonable expectations

Owners have the right to expect certain standards from their building managers.

These include:

1. Professionalism and reliability

Building managers should perform their duties with a high level of professionalism and reliability. This means being responsive to maintenance requests, adhering to schedules, and communicating effectively with owners and residents.

2. Maintenance of common property and facilities

Owners can reasonably expect that common areas will be well-maintained, clean, and safe. This includes regular cleaning, timely repairs, and proactive management of potential issues.

3. Transparency and accountability

Building managers should provide clear and transparent reports on their activities, including maintenance schedules, financial expenditures, and any issues that arise. This transparency builds trust and ensures that the committee, body corporate manager and owners are informed about the management of the building and strata community.

4. Compliance with legal requirements

Building managers must comply with all relevant laws and regulations. This ensures that the property is managed legally and ethically, protecting the interests of all owners and residents.

Unreasonable expectations

While building managers have significant responsibilities, there are limits to what owners can reasonably expect. Unreasonable expectations include:

1. Personal services

Building managers are not personal assistants. Expecting them to perform tasks such as running personal errands, providing concierge services, or handling personal disputes is unreasonable and outside the scope of their duties.

2. Internal maintenance and repairs

The BCCM Act and the caretaking agreement specifies that building managers are responsible for common property, not individual units, unless they are engaged as the owner’s letting agent for a particular lot in the scheme. Owners are responsible for the maintenance and repair of their own units. Expecting building managers to handle internal maintenance tasks, such as fixing appliances or plumbing issues within individual units, is unreasonable unless they are the letting agent for that lot/unit.

3. 24/7 availability

While building managers should be responsive, expecting them to be available around the clock for non-emergency issues is unreasonable.

They are entitled to personal time and should not be expected to be on call 24/7 unless the “letting rights” contracted terms of engagement stipulate that the scheme operates a 24hour reception or concierge service as part of the service provided by the letting agent.

Taking advantage

Taking advantage of building managers can lead to burnout, decreased job satisfaction, and ultimately, a decline in the quality of service provided. Examples of taking advantage include:

1. Excessive demands

Overloading building managers with excessive demands, especially those outside their contractual duties, is unfair and unsustainable. This can include expecting them to handle personal tasks, manage disputes between residents, or perform additional duties without additional compensation.

2. Lack of respect

Building managers deserve to be treated with respect and professionalism. Disrespectful behaviour, such as verbal abuse, unreasonable complaints, or undermining their authority, is unacceptable and detrimental to a positive community environment.

3. Ignoring boundaries

Building managers have clearly defined roles and

responsibilities. Ignoring these boundaries and expecting them to perform tasks outside their scope of work is unreasonably taking advantage.

The Importance of a positive and proactive relationship

A positive and proactive working relationship between owners and building managers is essential for the smooth functioning of a body corporate community. When building managers are supported and appreciated, they are more likely to perform at their peak level of performance and job satisfaction, becoming an invaluable asset to the building.

Here are some ways owners and residents can foster such a relationship:

1. Open communication:

Establishing open lines of communication is crucial. Regular meetings, feedback sessions, and transparent discussions about expectations and concerns can help build mutual understanding and respect.

2. Appreciation and recognition:

Acknowledging the hard work and dedication of building managers can go a long way. Simple gestures of appreciation, such as thank-you notes/ emails or public recognition during meetings, can boost morale and job satisfaction.

3. Support and collaboration:

Owners and residents should view building managers as partners rather than employees. Collaborating on projects, off ering assistance when needed, and providing constructive feedback can create a supportive environment that benefi ts everyone.

4. Respecting boundaries:

Understanding and respecting the boundaries of the building manager’s role is essential. This means not expecting them to perform tasks outside their scope of work and recognising their need for personal time and space.

5. Education and awareness:

Educating owners and residents about the specific duties and responsibilities of building managers can help set realistic expectations. This can be achieved through orientation sessions for new residents, informational newsletters, or dedicated sections in the community’s website or social media.

The evolution of the building manager role

Unlike the 1980s and 1990s, when building managers typically resided onsite, the requirement for building managers to live on the premises or reside onsite is no longer a licencing requirement and is only governed by the by-laws within the Community Management Statement (CMS) and or the caretaking and lett ing agreement and any subsequent variations thereto. This change reflects the evolving nature of caretaking agreements, and the flexibility needed in modern property management. The legacy conditions of the caretaking agreement or any subsequent variations may have altered the duties, roles, and obligations of the building manager, including their availability outside of office hours or the requirement to reside onsite or own a lot in the scheme.

Many holiday lett ing strata communities have engaged management companies to handle front-of-house operations. These engagements may include or exclude

caretaking duties or involve supervisory roles over external caretaking contractors. In larger schemes, caretakers and maintenance personnel may be employed directly by the body corporate. Understanding the specific caretaking arrangement at the scheme, including obligations for onsite attendance or being contactable after hours, is crucial for owners to appreciate the basis of the caretaker’s engagement and not take advantage of the caretakers or worse, take their service for granted when in fact they may be over servicing the scheme.

Undervaluing building managers can lead to a less-thanperfect strata experience.

Here are some specific examples:

1. Delayed maintenance:

If building managers are overwhelmed with unreasonable demands or not given the necessary support, maintenance tasks may be delayed. This can result in common areas becoming unkempt, safety hazards going unaddressed, and overall dissatisfaction among residents.

2. High turnover:

Building managers who feel undervalued and overworked are more likely to leave their

positions. High turnover can disrupt the continuity of care and management, leading to inconsistencies in service and a decline in property standards and values.

3. Decreased morale:

A lack of appreciation and recognition can lead to decreased morale among building managers and their staff. This can manifest in a lack of enthusiasm for their work, reduced attention to detail, and a general decline in the quality of service provided.

4. Conflict and tension:

When building managers are not respected or supported, conflicts and tensions can arise between them and the residents. This can create a hostile environment, making it difficult for the building manager to perform their duties eff ectively and for residents to enjoy their living experience.

Conclusion

Building managers play a vital role in the maintenance and management of body corporate communities. By understanding what expectations are reasonable, what is unreasonable, and what constitutes taking advantage, owners can foster a positive and productive relationship with their building managers.

The BCCM Act in conjunction with the caretaking and lett ing agreements provide a clear framework for the building manager's role and responsibilities, ensuring the community is well-managed.

Owners should remember that building managers have purchased the caretaking and lett ing rights and have a vested interest in the property’s success. By respecting their boundaries, communicating eff ectively, and maintaining reasonable expectations, owners can ensure that their community remains a desirable place to live.

Recognition is the greatest motivator for continued priority service. Understanding the caretaking arrangement at the scheme, including obligations for onsite attendance or being contactable after hours, and the contracted duties, will assist owners in appreciating the basis of the caretaker’s engagement. This understanding helps prevent inadvertently taking for granted or undervaluing the extra things that many building managers do over and above their contracted duties.

A positive relationship with your building manager will not only enhance your living experience but likely increase the overall property reputation, rental yield and market value.

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Are we sitting ducks?

By Marion Simon, MLR Manager, Boulevard North Holiday Apartments

Following on from my article "Are we chicken?", I thought an article on "Are we sitting ducks?" was pertinent.

What does “sitting ducks" mean?

First, what is the meaning of the phrase “sitting ducks” and how does it apply to our industry?

According to ChatGPT, the phrase refers to people or things that are vulnerable, defenceless, or easy targets for attack, criticism, or exploitation. It originates from duck hunting, where ducks sitting on the water (as opposed to flying) are much easier to shoot. In a figurative sense, it means someone or something is exposed to danger with little or no ability to protect themselves.

Examples:

“Without security cameras, the store was sitting ducks for thieves.”

“With no backup plan, they were sitting ducks when the market crashed.”

Are we sitting ducks in the management rights industry?

Applying this definition, I believe those of us in the management rights industry are sitting ducks from several perspectives.

First, we are often at the forefront of scams in many forms—and it's scary. From guests who book with no intention of paying for their stay to those who deliberately complain in an attempt to score meal vouchers or compensation, and even those who threaten bad reviews if their unrealistic demands aren’t met.

There are ongoing, sophisticated scams in the holiday and travel industry. Scammers duplicate or create fake listings on reputable online travel platforms, deceiving travellers into booking nonexistent accommodations. They replicate property listings on sites like Booking. com and Airbnb, using stolen images and descriptions from legitimate sources to make their posts appear authentic.

Unsuspecting travellers often arrive at their destination only to find that the property doesn't exist or is already occupied. In some cases, scammers hijack real rental listings, advertising them as their own and instructing victims to pay via bank transfer or other untraceable methods. Once payment is made, the scammer disappears, leaving the traveller without accommodation and out of pocket.

Ravelin.com advises that in 2024, the travel industry experienced significant financial losses

due to fraudulent activities. Online travel agencies (OTAs) were hit particularly hard, with estimated losses of $11 billion. Mastercard Services highlights that this is a major concern, with 75.7 percent of travel-sector merchants reporting an increase in fraudulent activities over the past year. These staggering figures highlight the critical need for enhanced fraud prevention measures in the industry.

Chargebacks: A silent killer

Then there’s the constant threat of chargebacks. We pay fair commissions to banks, OTAs, and other payment platforms— only to be the responsible party when their clients don’t honour payments. It sounds bizarre, but that’s how the industry currently functions.

This is honestly my pet hate—and something I will fight until my last breath.

In recent times, OTAs have increasingly become targets for sophisticated scams, leading to significant financial and reputational damage. The Herald Sun reported on a notable incident involving The Q Train, a restaurant in Drysdale, Australia, which lost thousands of dollars due to fraudsters posing as travel agents on Chinese social media

platforms. These scammers sold discounted tickets using stolen credit cards, resulting in chargebacks that the legitimate business had to cover.

This is one of our biggest risks.

The ever-present issue of guest behaviour

To add to this boiling pot, there’s also the unacceptable behaviour of guests. Over the recent school holidays, we had several “interesting” experiences.

We had an international guest book a stay but couldn’t pay the security deposit because his credit card wasn’t accepted. His companion, a local man, paid the deposit in cash.

Then things went downhill… They flooded the apartment and urinated everywhere. When we went to clean, the place looked and smelled like a functioning urinal.

Cost to restore the apartment? $900.

So, obviously, we didn’t return the security deposit.

His response was fast and furious.

First, he staged a sit-in at reception, loudly calling us crooks and cheats to anyone walking past. Only the threat of being arrested made him move on. Then, he started calling constantly and leaving the phone off the hook, blocking our incoming lines. And then?

He glued all our external locks shut. Not once, but three times—forcing us to replace them each time.

We reported him to the police, but we understand they have more serious crimes to deal with. Our case remains open. Then there was a woman who slipped into our property with legitimate guests. She spent six hours using our facilities.

On her way out?

She deliberately set off the fire alarm.

How to handle feedback:

The good, the bad & the constructive

By Kelley Rigby, Managing Director, Lett s Group

Feedback—whether positive or constructive (I prefer not to call it negative) can be a turning point in a business’s success.

Let’s start with the more uncomfortable aspect first: constructive criticism and how to deal with it. To me, any feedback is valuable; it shows that someone has taken time out of their busy day to communicate with you about your business. As you may know by now, I’m somewhat of an optimist and like to believe that when people share their comments or opinions, it ultimately comes from a good place. However, my husband would argue that some individuals are simply rude and obnoxious, and I’m sure many of you are nodding in agreement.

This meant a full evacuation at midnight of our fully occupied 58-apartment block—and two fire crews wasted.

And then, of course, came the chargeback.

When we followed his trail, we discovered he had multiple driver’s licences under different names and was routinely running the same scam on the Gold Coast. He even had the audacity to try rebooking at our apartments.

The most productive way to handle constructive criticism is to listen intently to what your client or consumer is saying and offer a solution. If you receive feedback via email or comment, read it, take a walk, breathe, and then read it again. Always try to remove the personal aspect—challenging as that may be. Avoid rushing to react—this is crucial. Emotions can run high when someone offers their opinion on a business you've worked extremely hard to build.

My biggest tip? Take an hour, or even 24 hours if needed. When you feel more centred, respond thoughtfully.

If it’s a face-to-face conversation, I recommend staying quiet and listening. Once the client or customer has finished speaking, thank them for their feedback and politely ask if they could send their concerns via email so you can address all issues thoroughly. This approach gives you time to process and prevents a rushed reaction.

When responding, always thank them for taking the time to share their thoughts. Provide a solution or an apology if applicable. If you know you were in the wrong, own it—people respect that much more than someone who makes excuses. If appropriate, consider

When we told him he wasn’t welcome due to the previous chargeback?

He didn’t care.

What Can We Do?

The list of incidents goes on, but the real challenge is how do we fight this?

This industry is already under pressure, and managers are incredibly time-poor. My simple solution?

offering the client something. For example, if a landlord feels you haven’t communicated frequently enough over the last six months, I would apologise and offer three months of free commission, along with a commitment to improve communication moving forward. All clients have different expectations, needs, and wants. Always be grateful that they’re giving you the opportunity to address concerns instead of simply taking their business elsewhere. Clients are essential to a happy and successful business.

A quick note about holiday properties: I cannot stress enough how important it is to respond to every negative comment. Potential customers often scroll through reviews specifically looking for one-star comments and how businesses responded. When I’ve asked some of my nearest and dearest about their process for choosing a place to stay, a restaurant, café, or hairdresser, nine out of 10 said they check the constructive reviews before even looking at the positive ones. When someone feels their experience wasn't up to expectations, this becomes your opportunity to turn it around. One idea? Offer them a half-price night’s stay. This encourages them to return

Stand together. Support, share, and care.

I send out a regular newsletter to about 400 people in the industry, sharing names and photos of these scammers. If this saves even one fellow management rights operator time, money, and effort, it’s worth it.

and gives you the chance to convert them into a loyal fan.

Now, let’s shift to the positive. Everyone appreciates a good pat on the back from time to time. It reminds us why we do what we do and why we love it so much. When receiving positive feedback, always remember to thank the person— acknowledge that they have taken the time to give you a compliment. If the situation calls for it, consider sending a gift or a card to express gratitude.

My next step? Promote it widely. Use every channel available to share how highly people think of you. In my opinion, word of mouth remains the best marketing tool.

Final tips: Take your time before reacting, try to detach the personal aspects, maintain the mindset that people are trying to help you succeed, and if you're in the wrong, own up to it.

Please don’t think I live in a delusional world where no one is ever purposely hurtful. My husband appreciates my optimistic perspective but gently reminds me that there can be shades of grey. The aim of this article is to help you discern the good from the bad and explore new ways to connect with feedback.

You can and should do the same.

Reach out if you don’t receive my emails—I’ll add you to the list. Then share your experiences via email, and I’ll include them in the next one. Banding together will benefit us all.

These monthly articles are for you and about you, so please feel free to share your thoughts or stories you would like to share. Please email: marion@boulevardnorth.com.au

Five years in—what I’ve learned about leadership and business Lessons from the trenches:

By Samuel Steel, Co-Founder, Resly

When we started Resly fi ve years ago, I had no experience running a business or managing large teams. I didn’t have a grand master plan or decades of leadership experience under my belt. All I knew was the type of boss, and the kind of business, I didn’t want to be. But one thing was certain: we had a killer product.

Fast forward to today, and Resly has grown into a company making a huge impact in the hospitality industry. Along the way, I’ve made plenty of mistakes, learned from trial and error, and discovered what really matters when building a business and leading a team.

As we hit this milestone birthday, I’ve been reflecting on some of the biggest lessons I’ve learned—things I wish I’d known when I started— and insights that might help other business owners and managers navigating their own challenges.

Here are fi ve key lessons from the past fi ve years in the trenches.

All I knew was the type of boss—and the kind of business—I didn’t want to be

Lesson 1: The bigger the company, the harder alignment becomes— vision is everything

When Resly was starting out, alignment was easy. Everyone knew what we were building, why we were building it, and how we wanted to get there. But as we grew, I quickly realised that the bigger the company gets, the harder it is to keep everyone moving in the same direction.

It’s not enough to have a vision—you need to constantly reinforce it. It must be more than a statement on a slide deck; it has to be something people see, hear, and feel every day in the decisions we make, the way we work, and how we interact with customers.

That’s why we recently took the time to redefine our vision and ensure everything we do—our goals, strategies, and even how we measure success—is aligned with it. It was a necessary reset, and it’s already made a huge diff erence in how we operate as a team.

For anyone leading a growing business, my biggest takeaway is this: alignment doesn’t happen naturally—it requires eff ort and commitment. If your team isn’t clear on the bigger picture, or if they don’t see how their work contributes to it, motivation and momentum start to fade. Repeating the vision, embedding it in decisionmaking, and making sure

it’s more than just words is what keeps everyone moving in the same direction.

Lesson 2: People truly are your greatest asset

It’s a phrase that gets thrown around all the time—“people are your greatest asset.” But when you’re scaling a business, it’s something you must actively prioritise. Growth brings change, and change isn’t always easy. Not everyone will adapt at the same pace, and not every decision will be perfect. But managing with compassion and treating people genuinely makes all the diff erence.

One of the simplest yet most powerful things you can do as a leader is to tell people when they’re doing a great job. Recognition whether it’s a quick message, a public shout-out, or celebrating a company milestone together helps people feel valued and motivated. At the same time, creating a culture where feedback flows both ways ensure your team feels heard and engaged. If feedback is encouraged, actioned, and seen as a tool for growth rather than criticism, it builds trust and accountability.

As Resly has grown, we’ve made it a priority to celebrate team wins, not just individual achievements. When the company succeeds, it’s because of everyone’s eff ort, and it’s important to acknowledge that. Prioritising face time,

team activities, and moments to connect, whether through structured events or casual catch-ups keeps the culture strong, even as we scale.At the end of the day, a business doesn’t grow unless its people do. Investing in them isn’t just the right thing to do—it’s essential for long-term success.

Lesson 3: Adaptability is the real superpower

Coming into a well-established industry as a new business was always going to be a challenge. Competitors had been around for decades, and we were the fresh-faced newcomers. At one point, a competitor tried to discredit us by calling Resly a “fl y-by-night” operator. Instead of going on the defensive and trying to prove we belonged, we leaned into being new. We embraced our fresh perspective, our willingness to challenge the status quo, and our ability to move fast. That mindset has shaped who we are today.

Adaptability has been one of our greatest strengths. While larger companies are often weighed down by legacy systems and slow decisionmaking, we’ve been able to pivot quickly, experiment, and evolve. Whether it’s responding to industry shift s, customer feedback, or new regulations, being agile has helped us stay ahead. It’s not about chasing trends—it’s about recognising when change is needed and having the courage to act on it.

For any leader, uncertainty is inevitable. But rather than fearing it, embracing change as an opportunity rather than a threat is what separates businesses that thrive from those that fade.

The ability to stay open-minded, challenge old ways of thinking, and move with confidence— rather than hesitation—is a real superpower. And in an industry that’s constantly evolving, it’s what keeps us ahead of the curve.

Lesson

One of the biggest shift s I had to make as a leader was learning to delegate and trust my team. Lett ing go isn’t easy, but it’s necessary—not just for your own sanity, but for the growth of the business.

When you empower the right people and give them ownership, things don’t just get done—they often get done better. And it frees you up to focus on where you add the most value.

Lesson 5:

Don’t be afraid to make mistakes (just don’t make the same one twice)

Mistakes in business are inevitable. No matter how experienced you are or how well you plan, you’re going to get things wrong. The key is not fearing mistakes but learning from them.

surface. And second, owning mistakes and moving forward is more important than trying to avoid them altogether.

Keep learning, keep growing

Five years in, I can confidently say that running a business is never about having all the answers—it’s about staying adaptable, learning from every challenge, and surrounding yourself with the right people.

that’s okay

4: You can’t do it all—and

In the early days of Resly, Rico and I were the go-to for everything—sales, support, product decisions, operations. If something needed doing, one of us took it on.

At the time, it felt like the only way to keep things moving. But we learned the hard way that without boundaries, burnout is inevitable. No matter how passionate or driven you are, you simply can’t do it all.

For business owners struggling to let go, start small. Hand off tasks that don’t require your direct involvement.

Set clear expectations, but resist the urge to micromanage. And most importantly, build a team you genuinely trust.

The sooner you realise the business doesn’t rely on you alone, the sooner you’ll create something that can scale, evolve, and thrive—without running yourself into the ground.

One of the more painful lessons I learned was when we hired an HR consultancy. They had a sleek sales pitch and seemed like the perfect fi t. We didn’t do our due diligence, didn’t ask the hard questions, and didn’t even do a basic Google search. Given HR is one of the most important functions in a business—responsible for looking after your people—it’s crazy to think I made this decision with so litt le care.

That mistake taught me two things: first, due diligence matters, no matter how good something looks on the

Of course, none of this would have been possible without the incredible people who have been part of the journey. A huge thank you to Rico, my co-founder and partner, for being there every step of the way. To our fabulous clients, who continue to trust us and inspire us to do better every day. And to our beyond amazing team—Resly wouldn’t be Resly without you.

Stay true to your purpose, back your people, and keep pushing forward—you’ll build something that lasts. Here’s to the next fi ve years and beyond!

How 2025 could reshape Australia’s leadership in domestic travel

By Bradley Haines, Regional Vice President for Asia Pacific, SiteMinder

Australia’s sustained leadership in domestic travel is prompting a critical shift in how the hospitality industry should plan for its future.

On the one hand, 86 percent of hotel bookings in Australia in 2024 came from local travellers, outpacing even the United States. On the other, there are growing signals that the international traveller market—especially from Asia—is making a significant return.

It’s clear that Australian hotels are facing a significant turning point, especially as they think about meeting guest expectations and their revenue goals this year.

This means recalibrating their strategies, starting with considering the demands and behaviours of both local and international travellers.

Be conscious of the ‘conscious Australian traveller’

Gone are the days when a hotel served simply as a clean place to wash up and sleep.

Many Aussies today are conscious travellers, looking for accommodation that adds to their holiday experience while emphasising environmental sustainability.

And, amid rising costs of living, many of these conscious travellers, as highlighted in SiteMinder’s Changing Traveller Report 2025—the world’s largest accommodation survey—are choosing to stay put at their accommodation.

In fact, almost half of Australian travellers expect to spend “most of the time” or “considerable time” at their hotel in 2025, a six percent increase year-on-year.

Despite a more adventurous reputation, younger generations lead this trend, with Gen Z (18–27) and Millennials (28–43) planning to spend more time at their accommodation than Gen X (44–59), Baby Boomers (60–78) or Radio Babies (79–96).

This is great news for accommodation providers, as Gen Z (53 percent) and Millennials (52 percent) intend to splurge extra on their next trip compared to last year than Gen X (28 percent) or Baby Boomers (23 percent), with the majority of the latter two age groups planning to spend the same amount or less on their stay than last year.

Most Australian travellers also prioritise the planet through their accommodation choices. Whether it be a hostel or resort, more than one out of four say they are willing to pay up to 10 percent more for environmentally friendly accommodation.

So, while budget concerns exist, conscious travellers are willing to spend money on what they personally value. Expect more Aussies to book directly, but don’t ignore the international traveller at your doorstep

With Australians increasingly prioritising meaningful experiences, direct bookings through hotel websites stayed strong in 2024 as more travellers sought pricing and packages that catered to their individual needs.

Indeed, SiteMinder’s Hotel Booking Trends shows hotel websites ranked as Australia's third highest revenue-generating channel for the third straight year. Additionally, hotel websites generated an average of AU$ 778 per booking, an 8.5 percent increase from the previous year. The value was more than 60 percent above the value-perbooking via OTAs (AU$480); more than 35 percent above global distribution systems (AU $570); and more than 15 percent above wholesalers, DMCs and tour operators combined (AU $668).

However, the advantages of direct bookings extend, of course, beyond higher value per booking.

What we’re witnessing in Australia is not simply a growing preference for booking directly— it’s a broader movement towards personalisation, flexibility and transparency.

Hotels that invest in their direct booking strategy to meet these demands are well-positioned to not only unlock higher revenues but also build deeper, more meaningful relationships with their guests. Ultimately, this means greater customer loyalty.

All of this said, take note: the international traveller market is making a return. Among travellers globally, 11.2 percent list Australia as one of the destinations they intend to visit this year, making it the world’s fourth hottest destination, behind Japan, the United States and France.

Excitingly, it ranks as the top destination among Chinese travellers.

Say hello once again to the Chinese traveller

The return of Chinese travellers is a big opportunity for hoteliers, as they have long been a vital source of revenue for Australia’s

hospitality sector. We see their return in Trip.com’s ranking among Australia’s Top 12 hotel booking sources for the first time, driven by a near 100 percent year-on-year increase in Chinese arrivals to the country.

Unlike the more budgetconscious Australian, the Chinese traveller is more willing to spend on every facet of their trip.

While Australians have reaffirmed their love of the great outdoors by being the most open globally to booking holiday parks and camping sites (11 percent), thirty-eight percent of Chinese travellers will stay at a big chain or resort, and 35 percent will stay at a boutique or luxury hotel. This is no surprise given that, for a third of Chinese travellers, price increases will have no impact on their choice of accommodation.

And, forget about the standard room. At least fourin-ten will book a superior room, while three-in-ten will book a deluxe room.

The resurgence of international travel, particularly from Chinese tourists and other key Asian markets, presents Australian hotels with renewed opportunities and now’s not the time to be complacent. Hoteliers must be ready to welcome and engage these international guests as they re-enter the market.

Will we see Australia continue to lead the world in domestic travel? Only time will tell, but all signs point to a more dynamic landscape than we’ve seen in recent years.

Local accommodation providers would be wise to rethink their marketing and distribution strategies, and invest now in technologies that not only drive optimal revenue outcomes, but prepare them for any changes within the market, as they happen.

The magic of river cruising Sailing through Europe:

By Stephen West, Business Development Manager, Interline Travel

The serene waters of the Danube, passing fairytale castles and vineyards that stretch as far as the eye can see…. Picture sipping a glass of wine from the region you are cruising in as the sun sets over the Seine, or stepping ashore to explore medieval towns along the Rhine. This is the allure of river cruising in Europe—an intimate, immersive way to discover the continent’s rich history, stunning landscapes, and vibrant cultures.

Unlike ocean cruises, which whisk passengers across vast seas to distant ports, river cruises off er a gentler, more intimate journey through the heart of Europe. Whether you seek the charm of historic cities, the indulgence of gourmet cuisine, or the relaxation of slow travel, there’s a river cruise tailored just for you.

Where? The Grand Waterways

Europe boasts some of the world’s most enchanting rivers, each with its own unique charm. The Danube, stretching from Germany’s Black Forest to the Black Sea, is a favourite for those eager to explore the cultural heart of Central Europe. Cruises along this river take travellers through Vienna, Budapest,

River cruises offer a gentler, more intimate journey through the heart of Europe

and Bratislava, off ering a blend of imperial grandeur and lively modern energy.

The Rhine, another classic route, is renowned for its dramatic scenery. The Middle Rhine Valley, a UNESCO World Heritage site, is home to craggy cliff s, terraced vineyards, and legendary castles. A cruise along this river often includes stops in Cologne, Strasbourg, and Basel, blending German, French, and Swiss influences in architecture, cuisine, and history.

For those who favour a more romantic sett ing, the Seine meanders through northern France, with itineraries that include Paris, Monet’s gardens in Giverny, and the historic beaches of Normandy. Meanwhile, the Rhône and Saône rivers traverse the heart of French wine country, allowing passengers to indulge in Burgundy’s and Provence’s world-renowned vintages.

Your ship: A boutique experience on the water

River cruising is an intimate aff air. Most riverboats accommodate between 100 and 200 passengers, ensuring a personalised experience far removed from the crowds of ocean liners. The smaller size allows for a relaxed atmosphere, with elegant lounges, panoramic decks, and cabins that often feature floor-to-ceiling windows for breathtaking views.

Onboard dining is another highlight, with menus inspired by regional cuisine and paired with local wines. Many river cruises off er farm-to-table meals, reflecting the culinary traditions of the regions visited. Whether it’s Austrian schnitzel, French foie gras, or German bratwurst, the culinary experience is a journey in itself. These ships tie up alongside each other and take you to the heart of the cities to explore yourself, or take an included shore tour.

One of the greatest advantages of river cruising is the convenience it off ers. Unlike traditional land travel, where constant packing and unpacking can be exhausting, a river cruise allows you to wake up in a new city each morning without ever-changing hotels. Most itineraries include guided shore excursions, from walking tours of medieval

villages to wine tastings at historic vineyards. And with docks often located in the heart of cities, exploring on your own is just as easy.

Finding the perfect cruise: We are here to assist

From luxury experiences with fine dining and spa services to more budget-friendly options focused on cultural discovery, there is a river cruise for every traveller. Lines such as Viking, AmaWaterways, and Amadeus cater to various styles, off ering everything from all-inclusive amenities to themed journeys centred around wine, history, or Christmas markets.

Whether you’re a first-time traveller or a seasoned explorer, river cruising in Europe promises a voyage of discovery. In 2026, we will conduct accompanied tours, so if you are a litt le hesitant know you will be in great hands.

From seven to 21 days, you can explore regional areas or take the full journey from Amsterdam to Vienna and then to Bucharest. With member's pricing available, why not combine this with your European explorations and sit back watching the scenery pass you by—with a wine of course!

What about Women In?

The first Women In Luncheon of the year held at Driftwood Social, Surfers Paradise Qld, hosted in partnership with Resly, was a fantastic event filled with fun, laughter, and industry connections. Guests also had the pleasure of celebrating Resly’s 5th birthday in style. It was a wonderful opportunity to reconnect with familiar faces and welcome new attendees. A special thank you to everyone who joined and contributed to making the day so memorable!

Resly turns five

Resly has just hit a major milestone—five years of transforming hospitality technology! And what better way to celebrate than by raising a glass (and a cupcake) with the incredible people who’ve been part of the journey?

At the recent Women In event, Resly joined industry partners, clients, and team members to celebrate the occasion. It was a fitting opportunity to reflect on Resly’s journey while supporting an event dedicated to empowering women in hospitality. Meanwhile, back at the Gold Coast head office, the team kept the celebrations going with a well-earned cupcake moment!

Resly Co-Founder, Samuel Steel said: “The past five years have been incredible, but we’re just getting started. Here’s to pushing boundaries, embracing new technology, and continuing to shape the future of hospitality. Cheers to the next chapter!”

Discover Management Rights 360:

Groundbreaking insights for buyers on the Gold Coast

In a dynamic session dedicated to management rights sales, industry experts and management rights buyers gathered at the “Discover Management Rights: 360 Insights for Every Buyer” event.

Hosted by Ras360 in conjunction with their industry professional partners, the event provided an in-depth look into the accommodation business, equipping the 75 participants with invaluable and actionable insights into each facet of the MLR market on the Gold Coast.

Launched for sale during the event were 15 management rights businesses across the Gold Coast, creating hype from buyers that had first access to a number of off-market and exclusive properties on the day.

“We aimed to empower buyers with the essential tools and insights to thrive in an ever-evolving market,” said Nathan Eades, National Director of Accommodation for Ras360 Property Solutions.

“This event marks a significant step in bridging industry expertise with practical solutions, ensuring every participant leaves with a clearer vision for success.”

Attendees explored the latest trends in management rights acquisition and operations, receiving expert guidance from preferred suppliers to help buyers make informed decisions. With a focus on creating a comprehensive understanding of every aspect of property management rights, the event highlighted the importance of strategic planning and operational excellence in the accommodation sector.

“We extend our sincere thanks to our partners for their invaluable support on the day, their contributions were key to making this event a resounding success,” Nathan noted.

The next buyer’s event in this series will be held in Brisbane on Saturday, March 29, at Colmslie.

Free registration is open now: https://bit.ly/43ntAab

Sales Report

MOTELS & OTHER

8676

Exclusive | Rare Permanent Lifestyle

Asking Price: $995,000 Net Profit: $102,529

Peter Ward 0437 949 113

Paradise QLD

Prime Chevron Island Permanent ID: 8147

Asking Price: $950,000 Net Profit: $87,839

Ben Lynn 0456 640 414

9181

Exclusive | Iconic Mixed Use

Asking Price: $3,300,000 Net Profit: $450,800

Phil Trimble 0418 478 966

Absolute Beachfront Caretaking Only ID: 9182

Asking Price: $590,000 Net Profit: $70,000

Antonio Curulli 0488 030 853

Yeppoon QLD

Surfers

Labrador QLD

Palm Cove QLD

Property Bridge and team are honoured to receive the ‘Sales Brokerage of the Year’ award for 2024, as presented by the Australian Resident Accommodation Managers Association (ARAMA).

We are a proud ARAMA supporter, and recognise the immense contribution in supporting, educating and advocating for the Management Rights industry.

Be our partner in success and contact us now should you be entering the market to sell or purchase Management Rights

Contact: Phil Trimble, 0418 478 966 phil@mrsales.com.au

Contact: Peter Sagner, 0401 814 404 peter@crebrokers.com.au

Robert Collins, 0404 678 792

0403 143

Carseldine,

Contact: Lyn Pearsall, 0452 631 253 lyn@1agencyqld.com.au

Contact: Chris Wong, +64 211 066 188 chris@coffeys.co.nz

The Simons’ management rights story at Boulevard North Turning challenges into triumphs:

By Mandy Clarke, Editor

Marion and Chris Simon embarked on an unconventional journey into the world of management rights.

Their story began with an unfulfilled dream in South Africa and led them, 25 years later, to Boulevard North Holiday Apartments, Broadbeach. What followed was a baptism of fire as they navigated a new country and business, industry complexities, regulatory hurdles, and a global pandemic. Through determination, adaptation, and teamwork, they built a thriving, award-winning business in one of the Gold Coast’s most sought-after locations.

New life, new career

Marion and Chris’s dream of moving to Australia began in 1991 when they were granted Australian visas. However, Nelson Mandela’s election brought a shift in government policies, resulting in their visa

being retracted. Instead, they moved to Botswana, where they lived and ran several successful businesses for the next 25 years.

In 2016, as their daughter prepared to move to Australia for her studies, Marion saw the perfect opportunity to finally take the leap. “I arrived alone with just three suitcases,” she recalls. “I left Chris behind to wrap up our business and home in Botswana.”

With a background in marketing, property investment, consulting, and media, Marion was naturally drawn to real estate. During her research, she discovered management rights—a business model where an operator manages and lets out units within a residential or holiday complex. “It sounded perfect,” she says, marking the start of her journey into the industry. That leap into uncharted waters

soon led her to Boulevard North Holiday Apartments, a prestigious beachfront property that perfectly matched their aspirations and offered a fresh start amid the beauty of Broadbeach. Marion secured the management rights and began her onsite management journey alone, navigating a steep learning curve. Chris joined her just before the COVID-19 border closures, completing their transition, together.

Boulevard North Holiday Apartments: A soughtafter destination

Perfectly located near stunning white sand beaches, Boulevard North offers the best of both worlds, conveniently nestled between Broadbeach and Surfers Paradise, yet far enough from the hustle and bustle for a peaceful escape. This prime location is a popular choice for both holidaymakers and long-term renters, just minutes from The Star Casino, Pacific Fair Shopping Centre, and the

Images courtesy of Boulevard North Holiday Apartments

Gold Coast Convention Centre, with easy access to worldclass dining, entertainment, and major attractions.

Exceptional accommodation and amenities

The property features 58 spacious, self-contained apartments with spectacular ocean views and direct beach access. Guests enjoy a comfortable, convenient, and relaxing stay and access to premium facilities, including a heated pool, spa, sauna, barbecue area, and a full-sized tennis court.

With a diverse mix of owneroccupiers, short-stay visitors, and long-term residents, Marion and Chris currently manage 37 of the 58 apartments in the letting pool, maintaining the high standards that make Boulevard North a top-tier destination.

Learning the ropes

Marion admits that the first few years in management rights were anything but easy. “Chris wasn’t here at the start, and I wasn’t fully prepared for the reality of what we stepped into.

“We faced the disruption of a high-rise construction project next door, severe drought,

bushfires, record-breaking floods, and then COVID-19 hit! On top of all that, our 40-year-old building needed significant work— concrete cancer treatment, repainting, a swimming pool upgrade, a new tennis court fence and new lifts. It felt like one challenge after another.”

Yet, each hurdle built resilience and strengthened their determination to succeed. Marion credits the support of trusted industry friends and partners for helping them navigate the toughest times.

Among their biggest supporters were Karen and Michael Cross, managers of Dorchester on the

Beach. “They took me under their wing early on and, in many ways, taught us the ropes of the business. They’re incredible managers, great friends, and are a huge support to us.”

Marion also acknowledges the invaluable assistance of Australian Resident Accommodation Managers Association (ARAMA). “I am a huge supporter of our industry association, Trevor Rawnsley and Chris Podmore do a fantastic job. They came through for us,” she says, highlighting ARAMA’s role in providing essential guidance and resources during their most challenging times.

Images courtesy of Boulevard North Holiday Apartments

Resly transforms property management

Marion and Chris Simon’s partnership with Resly transformed property management at Boulevard North Apartments.

Taking over the management rights at Boulevard North Holiday Apartments in Broadbeach, Marion and Chris Simon inherited a Property Management System (PMS) that was more of a hindrance than a help. Marion remembers the frustrations of those early days. “Month’s end was taking me three days to complete, and our old provider’s team just wasn’t able to help resolve the issues I was experiencing.” The cumbersome system made the already challenging task of managing a new business even more daunting.

A serendipitous solution

One day, while Marion was grappling

with these frustrations, Resly cofounder Sam Steel, dropped by on an unrelated ma er. Noticing her predicament, he asked her what an ideal system might look like. This conversation led to a trial of the new Resly PMS, that Sam and his partner, Rico Chen, had created and designed.The results were immediate and very impressive, with the first end-of-month process slashed to just two hours. By the following month, it had dropped to one hour, and now it takes only twenty minutes. “I was one of Resly’s very first clients,” Marion says. “And it was truly the best decision I ever made!”

About Resly

Resly is a cloud-based PMS specifically designed for management rights and short-term rental management. It combines the latest technology with simplified trust accounting in an intuitive, user-friendly platform. With live

“I was one of Resly’s very first clients... And it was truly the best decision I ever made!”

– Marion Simon, Boulevard North Apartments

trust account bank feeds from over 30 Australian banks and one-click end-of-month processing, tasks that used to be a headache are now straightforward and e cient.

The impact

Switching to Resly revolutionised operations at Boulevard North Apartments. Tasks that once consumed days were completed in hours, allowing Marion and Chris to focus more on their guests and less on administrative burdens. “I am so proud of the Resly team’s enormous success,” Marion refl ects. “They’ve changed the entire business, and I am

ever-so-grateful they made our life so much easier at a time of challenge.”

A partnership beyond soft ware

What Marion appreciates most is the collaborative relationship with Resly. “I love that they truly work alongside us and are so responsive and adaptable to our suggestions and needs.”This collaborative and innovative partnership exemplifies how innovative technology, combined with dedicated support, can significantly enhance property management operations.

Switch Hotel Solutions:

Innovative marketing partnership boosts Boulevard North’s success

Marion and Chris Simon, owners of Boulevard North Holiday Apartments in Broadbeach, faced the challenge of enhancing their marketing efforts during the uncertainty of the COVID-19 pandemic.

Initially hesitant about investing in marketing during a downturn, they connected with Chris de Closey at Switch Hotel Solutions on the recommendation of their Property Management System provider, Resly. A er a productive discussion, they decided to engage his services—a decision Marion describes as an “absolute game-changer.”

Switch Hotel Solutions, established in 2019, specialises in revenue management, marketing, social media and asset management for hotels, motels, and resorts. Their tailored strategies aim to elevate properties by increasing visibility, optimising occupancy rates, and enhancing overall profitability.

Reflecting on their experience, Marion says, “We believed in Chris and his innovative style and expertise in revenue management, marketing, and social media strategy. He has honestly revolutionised marketing for management rights.” She acknowledges that while they initially thought they could manage all aspects of the business themselves, the complexities of e ective marketing required specialised expertise.

“Although sold to us as a ‘mum and dad’ operation,” Marion says, “we soon realised our business was too big to do everything ourselves, and we didn’t have the expertise to do everything. Yet, we couldn’t a ord to employ a whole person to do our sales and marketing, so contracting the Switch team was the perfect solution and a brilliant decision.”

The partnership involves monthly meetings where Marion collaborates with Chris and the team to discuss marketing strategies for the following month. Marion says, “These impressive young creative people are filled with enthusiasm and great ideas. We could never do this ourselves and are so fortunate to have such a wonderful team working on improving our marketing reach, and we appreciate

their technical expertise in maximising our revenue. Most importantly, it has made a massive di erence to our occupancy, rates and therefore profits.”

Marion highly recommends Switch Hotel Solutions to other accommodation owners looking to enhance their marketing e orts. This collaboration exemplifies how strategic partnerships can lead to significant improvements in business performance, even during challenging times. By leveraging Switch Hotel Solutions’ expertise, Boulevard North Holiday Apartments has enhanced its market presence and operational e ciency, positioning itself for continued success in the hospitality industry.

People and partnerships

Despite their extensive business experience, Marion admits that transitioning into management rights came with its own set of challenges.

“I initially approached it like any other business,” Marion explains. “In my past ventures, I could bring all stakeholders together by focusing on core business principles. But in management rights, that approach didn’t work, and for a while, I couldn’t figure out why. The biggest challenge was navigating different personalities (owners, residents, and the body corporate) each with their own egos, emotions, and priorities.”

Her ‘aha’ moment came during a particularly unproductive body corporate meeting. “I realised

that this wasn’t about business principles or strategies—it was more about people and personalities, and how decisions would impact each individual in the room. Once I shifted my focus to a more peoplecentric management style, while still being fair, balanced and strategic, and ensuring I wasn’t being taken advantage of, everything started to click.”

Beyond mastering property management and industry regulations, Marion also had to adjust to cultural differences.

“In Australia, businesses are more regulated, and red tape is everywhere. The work ethic is different, too,” she reflects.

One of the biggest surprises was how much she and Chris had to adapt their own personalities to suit the business. “Chris is quiet,

measured, and gentle, while I’m vocal, expressive, and passionate. Over time, we’ve learned to lean into our strengths. Chris is better suited to handling body corporate relations, while I focus on building relationships with guests and industry partners.”

Overcoming challenges

Marion identifies patience and resilience as the most significant challenges in their management rights journey. She reflects, “I am a go-getter and a doer. Having been a successful business owner in Botswana for many years, I was accustomed to making all the important decisions and being adaptable and reactive. In many ways, I was in charge of my own destiny.

“However, in this industry, despite being the business owner and

investing a substantial amount of money, at first it was hard to accept that I had to report to others and sometimes go along with decisions that I disagreed with or that could directly affect our business, possibly in a negative way, in order to maintain good relationships.

“It was a significant adjustment for me. But building resilience and cultivating patience have been crucial in managing these dynamics, more effectively.”

Life at Boulevard North, now

Despite the hurdles, Marion and Chris have fallen in love with their property. “It is a joyful place to live, happy, healthy and an inviting retreat to welcome our guests.”

Images courtesy of Boulevard North Holiday Apartments

Images by Jose & Lucas, gowidestudio.com

What is their management philosophy?

Marion sums up their approach with a simple motto:

“Great holiday vibes only.”

For them, success in management rights hinges on having robust systems, reliable industry partners, trusted friends, and a supportive team.

“We’ve built an incredible network of industry partners and are fortunate to have fantastic support. Our daughter, Donna, plays a key role, and our wonderful onsite staff ensure we get much-needed breaks.”

Her advice to others in the industry is clear:

“Always surround yourself with a strong team of industry partners—accountants, financiers, marketing and technology specialists, management rights experts, and fellow managers—or you’ll be dead in the water.

“Most importantly, be a giver, not a taker. If you give your time,

energy, and kindness to others (especially your guests and community) you’ll always feel good about what you do, even in the most challenging times.”

Marion highlights their rewarding professional relationships:

“As one of Resly’s earliest clients, we’ve had an incredibly productive partnership with Sam Steel, Rico Chen, and the

entire Resly team. Chris de Closey and the team at Switch Hotel Solutions, alongside Sasha Buac and the Comworks team, have completely transformed our business with innovative marketing strategies and a refreshed website. Additionally, Jose and Lucas at Go Wide Studio have beautifully updated our photography, capturing our vision perfectly.

“Frank Higginson at Hynes Legal has been our rock. He

is one of the few lawyers whose main aim is to keep disagreement out of court! He is pragmatic, fair and just.”

She says the incredible guidance and advice they have received from Frank has been “priceless and hugely appreciated. I run any possible dispute by Frank before it occurs, ensuring that the best decision is made for the right reason”.

Image courtesy of Boulevard North Holiday Apartments

A seamless partnership with Comworks Boulevard North’s digital transformation:

When Marion and Chris Simon, managers of Boulevard North Apartments Broadbeach, set out to revitalise their website, they recognised the value of continuing Comworks’ successful partnership with the property’s previous managers.

Their goal was clear—improve their digital presence and increase direct bookings. Collaborating with the Comworks team, alongside Switch Hotel Solutions, they brought their vision to life through a seamless digital transformation.

“Working with Comworks to refresh the Boulevard North website ensured it not only aligned with Switch’s strategic

marketing approach but also met our unique requirements,” said Marion.

“From improving user experience to integrating advanced booking tools, this collaboration has helped us stand out in a competitive market and drive more direct bookings.”

A high-converting website

Like many accommodation providers, Boulevard North aimed to reduce reliance on OTAs and boost direct reservations. They needed a modern, intuitive platform that reflected their brand while simplifying the booking process.

Comworks specialises in developing curated websites that maximise engagement and visibility. Every element, from text and blogs to backend image descriptions, is optimised for SEO to drive organic tra c.

“We delivered a personalised, intuitive website for Boulevard North to enhance user experience, improve conversion rates, and ensure it was easy for Marion and Chris to manage,” said Comworks, Sasha Buac.

Aligning digital strategy with brand identity

Comworks refined the site’s content to highlight Broadbeach’s unique appeal, se ing the property apart from the broader Gold Coast accommodation market. The refreshed website features a classic layout with high-quality imagery, showcasing the property’s vibrant coastal lifestyle, family-friendly atmosphere, and local dining and events. Aligning content with a local events calendar further enhances its appeal to potential guests.

To support marketing e orts, Comworks introduced Smart

Escapes, enabling Marion to create and manage promotions and special o ers e ortlessly.

Marion appreciates Comworks’ holistic approach, which includes aligning promotions with local events, understanding guest demographics, and executing timely campaigns to boost SEO-driven tra c. EDMs and VIP subscriber lists further strengthen guest engagement and encourage repeat bookings.

A measurable impact

“Working with the team at Comworks has significantly increased our online visibility, operational e ciency, and direct bookings,” said Marion. “We are so proud of our website, knowing our guests receive the best possible experience from the moment they visit our website to the end of their stay.”

Approaching 10 years of partnership and connectivity

For the past decade, Freedom Internet has proudly provided fast, reliable, and hassle-free internet solutions to Boulevard North Holiday Apartments. As the preferred and appointed internet provider, we’ve worked closely with building management over the years to ensure both guests and private residents enjoy a seamless online experience.

In recent years, we’ve had the pleasure of working with Chris and Marion, who have continued the tradition of excellence since acquiring the management rights to the building. Their commitment to delivering the best for their guests aligns perfectly with our mission - to provide more than just internet, but

“We’re

proud to be celebrating 10 years of partnership with Boulevard North and look forward to many more years of keeping their guests and residents connected.”

an experience built on reliability, local expertise, and outstanding support.

A tailored solution for guests & residents

At Boulevard North, connectivity is essential. Whether guests are streaming their favourite shows, catching up on work, or staying in touch with loved ones, they need fast and dependable internet. Our in-apartment modem solution ensures every unit has its own dedicated connection, o ering:

• Reliable, high-speed connectivity for both holiday makers and residents

• Seamless Wi-Fi with no congestion

• Local support, with an account manager and dedicated technicians available

More than just internet

- It’s the freedom experience

At the end of the day, internet is internet…until it’s Freedom Internet. What sets us apart isn’t just the service we provide, but the peace of mind that comes with it.

• A dedicated local support team: real people, not just automated responses

• Fast response times: because waiting for support shouldn’t be part of your stay

• Custom solutions: we listen, adapt, and deliver beyond expectations

We’re proud to be celebrating 10 years of partnership with Boulevard North and look forward to many more years of keeping their guests and residents connected.

Experience the Freedom di erence - where internet meets exceptional service.

Learn more at freedominternet. org or call +617 3067 3676

And continues: “I know I can call any of these partners at any time, and they will help.

“We’ve also built a fantastic relationship with Tanveer Khan and Caleb Sadler at Suncorp since acquiring our management rights. They are integral members of our financial team, along with Mark Ryal from MRM Finance, the team at Hospitality and Strata, and Isht Singh, Edwin Arenas, and Andrea Blackbeard from My Infinity Business. We rely on them for comprehensive financial guidance, and Chris actively engages with them to ensure we secure the best possible deals for Boulevard North. Their flexibility has been invaluable; we've recently restructured our loan setup to be more user-friendly and financially efficient.”

Another area they quickly learned needed to run smoothly and effectively was the internet and cable TV services.

“This, as always in high-rise buildings, is problematic due to the nature of the business. The success of the cable television service hinges on the speed of the internet, so despite being two separate suppliers, they are entwined,” She explains.

“Many hours of discussion with Freedom Internet resulted in a smooth, effective service that causes guests to smile rather than frown. To stay ahead of demand, Freedom Internet, in a very proactive manner, has suggested we move the building to fibre optics. This will improve the overall service to all of the apartments, ensuring

both owners and guests are delighted with the speed offered and that our cable service provides premium viewership.”

Personal reflections

Above all, Marion emphasises the importance of self-care amid the demands of their work. “It's crucial to remember to look after yourself.”

To stay grounded, Marion and Chris make it a point to take a walk on the beach every morning. “It keeps us sane,” Marion laughs.

By incorporating this simple yet effective practice into their routine along with regular breaks, Marion and Chris maintain their well-being and find balance in their busy lives.

Is technology changing the industry?

“Absolutely. Technology is streamlining operations and enhancing efficiency. However, cultivating strong human relationships remains paramount.”

In their day-to-day operations, Marion and Chris rely on robust systems to manage their business effectively. “We swear by Resly’s trust accounting and reservation system, and we use Xero for our accounting, supported by excellent accountants. This seamless integration of technology ensures accuracy, efficiency, and smooth financial management.

Memorable guest stories?

Marion and Chris have certainly seen it all at Boulevard North Holiday Apartments, from heartwarming regulars to unexpected challenges.

The good: “We have delightful return guests who become friends,” Marion shares. “There are the ‘Snowbirds’ who escape the cold and fly in from the south every year, and a lovely couple from New Zealand who stay for two months annually. Then there are the fun-loving adults who get way too competitive in our ‘Find the Duck’ game during school holidays. Dads, in particular, have been known to swipe the ducks from the kids!”

The bad: “Some situations have been less charming,” Marion admits. “One guest caused serious damage—flooding and urinating all over a unit before glueing the door locks shut. That was a memorable one, but for all the wrong reasons!”

The unwanted: “Unfortunately, scammers and chargeback customers are a reality in this industry,” she notes. “But we’ve learned to spot the red flags.”

How do you handle unhappy guests?

Marion's approach centres on authenticity and proactive engagement with guests. She highlights the importance of

Marion and Chris Simon with receptionist, Barbi Solo. Image by Jose & Lucas, gowidestudio.com Image by Jose & Lucas, gowidestudio.com

understanding the root cause of a guest's unhappiness and addressing it directly.

“If a guest is visibly unhappy, I ask if there's any way we could improve their stay; if there is, then we fix it, if we can.

“However, if their unhappiness is due to something that’s out of our control, at least we can offer them some genuine empathy and kindness.”

Valuable advice

Marion and Chris have received invaluable guidance throughout their journey, but one piece of advice from Karen and Michael Cross, managers of Dorchester on the Beach, stood out:

“Don’t take it personally.”

These wise words have helped them navigate the emotional complexities of the industry.

Marion shares her own tips for new managers: “Don't take anything personally, and when you're told you have a lifestyle, business tell them they are lying.

“Know that working with bodies corporate, owners, managers, guests, and the public is the lifeline of the business. You need the stealth of a cat, the resilience of an oak tree, and the agility of a tightrope walker.

“You need to love variety, daily challenges, and the opportunity to grow.

“Take time to build your superpowers,” she says.

Marion also advocates for joining ARAMA: “People don't appreciate and utilise the industry association as much as they should. ARAMA does so much to look after governance, to protect the industry and your business. It also offers its members invaluable benefits, including access to education, information, training forums, and industry networking opportunities.

Recognised for excellence

Marion and Chris's hard work and dedication has not gone unnoticed. Boulevard North Holiday Apartments was honoured to receive the ARAMA 2023 Resident Manager of the Year award.

In 2024, Marion was also presented with the Industry Ally Award, sponsored by Resly. This accolade recognises her significant contributions to the industry.

Looking back on their journey

Marion wishes she had known how intense the business would be. “You’re sold a ‘lifestyle,’ this is a huge misconception. It should be explained what a multifaceted business it is with constant challenges.

“We should have been much better prepared for what was to come.”

Looking ahead

Despite the obstacles, Marion and Chris say they are in the industry to stay. “We have no plans to go anywhere we love our building, its vibe, the people, our wonderful group of owners and our industry colleagues and partners.”

She adds: “I wish for one thing—the whole industry to be more united.

“Unity means strength.”

Quick-fire questions with Marion!

If your journey in management rights was a TV show, what would it be called?

“The Good, The Bad, and The Unwanted.”

You wake up one morning and find out Boulevard North has been magically upgraded with one feature—what would you want it to be?

“For every apartment to have two parking spaces and plenty of practical, safe storage.”

If you had to swap jobs with someone for a day, who would it be and why?

“Donald Trump! Just to prove that sanity can prevail!

If you could go back and give yourself one piece of advice, what would it be?

“In the words of Sir Paul McCartney— ‘Let it be.’”

Finally, if you had to sum up your experience in management rights in just three words, what would they be?

“Bloody. Hard. Work.”

Image: Jose & Lucas, gowidestudio.com