It would take pages to list all the things that managers should or should not do to fulfil their statutory obligations under the relevant legislation governing them. I thought I would list a few of the ones that I think are absolutely essential to ensure compliance. Do not let out any unit without a letting appointment, irrespective of how difficult it may be to get one. No external agent will, so why should you?
Don’t charge any more than the charges set out in your letting appointments John Mahoney, Partner, Mahoneys
owners of that. If you do offer a leaseback, make sure the tenancy agreement allows you to sublet and that the rent paid by the tenants/guests goes into your general account.
Do not compel a tenant to acquire services from you, whether cleaning, wifi or furniture hire.
Follow the process prescribed in the appointment, or have any increase accepted by your owners, before imposing any increases.
Don’t put in your trust account any funds that are not from the letting or sale of units, such as tour sales (unless part of the one payment that also includes what are clearly trust funds).
If the rental a tenant pays includes the provision of a service you provide (e.g. yard maintenance or furniture hire), make sure your letting appointment allows you to deduct the amount due to you from the rent.
Before you operate under a leaseback with an owner, or an arrangement where you offer a guaranteed return, advise all the other letting pool
If you do receive funds into your trust account that are not truly trust funds, take them out within 14 days of them being deposited in your trust account.
Do not take a fee, commission or other payment from contractors or others doing work for the body corporate or owners unless fully disclosed.
eligible for JobKeeper payments if they were employed by the entity on July 1, 2020 and can meet all of the other eligibility requirements (such as being a long-term casual if a casual employee, the age requirements, not being an excluded employee e.g., receiving parenting payments or workers compensation). Employees also need to have provided the employer with a nomination notice. If an employee has already passed all the relevant conditions at March 1, 2020, then they don’t need to be retested using the July 1, 2020 test date.
age, residency status etc.
Do not charge any more than the charges set out in your letting appointments.
that changed the entity’s current GST turnover. •
Where there has been a business restructure that changed the entity’s current GST turnover.
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A business having a substantial increase in turnover.
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A business affected by drought or natural disaster.
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Businesses with irregular turnover.
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Sole traders or small partnership with individuals affected by sickness, injury or leave.
Once it is confirmed the entity is eligible for JobKeeper 2.0, the next issue is determining the eligible employees and/ or business participant. Employees should generally be ResortNews | November 2020
LEGAL EASE
Some essential dos and don’ts
Eligible business participants need to be actively engaged in the business as at March 1, 2020 (the July 1 test date for employees does not apply), they must hold a specific position with the entity in question and must pass a number of other conditions relating to their
From September 28, 2020, the JobKeeper payment rate is split into two tiers. The payment rate will generally be based on the hours worked by the individual in the business in the relevant ‘reference periods’. For the period September 28 to January 3, 2021 the payment rates are: •
$1,200 per fortnight per employee or business participant who qualifies for the higher payment rate (in broad terms, if they worked at least 80 hours in the reference period); or
•
$750 per fortnight per employee or business participant who didn’t qualify for the higher payment rate.
For the period January
MANAGEMENT
Inform the body corporate if it is considering entering an arrangement for the supply of services from any person or company associated in any way with you. Display your licence details and a notice of the existence and availability of the code of conduct. Have in place a reasonable, simple, and easy to use procedure for handling complaints by clients or customers and information readily available to inform them of the procedure.
4, 2021 to March 28, 2021 the payment rates are: •
$1,000 per fortnight per employee or business participant qualifies for the higher payment rate; or
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$650 per fortnight per employee or business participant who did not qualify for the higher payment rate.
The ‘reference period’ for employees is the 28-day period finishing on the last day of the last pay period that ended before either March 1, 2020 or July 1, 2020. For eligible business participants, it is the full month of February 2020. However, some alternative reference periods apply in some cases and some employees will automatically qualify for the higher rate (some employees on commissions and under certain awards).
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