Resort News, August 2021 by Multimedia AU/NZ

Registered by Australia Post Print Post No. 100023799

Issue 300 | August 2021 | $13.75 inc. GST

The Monthly Magazine for Accommodation Industry Professionals

www.accomnews.com.au

Profiles Noosa Lakes Resort Samarinda Jewel-by-the-Sea Person of Interest Daniel Gschwind management rights • hotels • motels • resorts • holiday parks • time share • hosted SPECIALISTS IN ACCOMMODATION FURNITURE FF&E AND JOINERY Custom made furniture including packages & fi nance solutions.

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The legal stuff... The views and images expressed in Resort News do not necessarily reflect the views of the publisher. The information contained in Resort News is intended to act as a guide only, the publisher, authors and editors expressly disclaim all liability for the results of action taken or not taken on the basis of information contained herein. We recommend professional advice is sought before making important business decisions.

Advertising Conditions The publisher reserves the right to refuse to publish or to republish without any explanation for such action. The publisher, it’s employees and agents will endeavour to place and reproduce advertisements as requested but takes no responsibility for omission, delay, error in transmission, production deficiency, alteration of misplacement. The advertiser must notify the publisher of any errors as soon as they appear, otherwise the publisher accepts no responsibility for republishing such advertisements. If advertising copy does not arrive by the copy deadline the publisher reserves the right to repeat existing material.

Inside our August issue FRONT DESK Editor’s Note: Go Brisbane! Go us!......................................05

INDUSTRY Special Report: Rents to explode under controversial reforms ................................................ 06 ARAMA Report............................................................................08

Disclaimer

State Report................................................................................ 09

Any mention of a product, service or supplier in editorial is not indicative of any endorsement by the author, editor or publisher. Although the publisher, editor and authors do all they can to ensure accuracy in all editorial content, readers are advised to fact check for themselves, any opinion or statement made by a reporter, editor, columnist, contributor, interviewee, supplier or any other entity involved before making judgements or decisions based on the materials contained herein.

BCCM Report............................................................................... 10

Resort News, its publisher, editor and staff, is not responsible for and does not accept liability for any damages, defamation or other consequences (including but not limited to revenue and/or profit loss) claimed to have occurred as the result of anything contained within this publication, to the extent permitted by law. Advertisers and Advertising Agents warrant to the publisher that any advertising material placed is in no way an infringement of any copyright or other right and does not breach confidence, is not defamatory, libellous or unlawful, does not slander title, does not contain anything obscene or indecent and does not infringe the Consumer Guarantees Act or other laws, regulations or statutes. Moreover, advertisers or advertising agents agree to indemnify the publisher and its’ agents against any claims, demands, proceedings, damages, costs including legal costs or other costs or expenses properly incurred, penalties, judgements, occasioned to the publisher in consequence of any breach of the above warranties. © 2021 Multimedia Pty Ltd. It is an infringement of copyright to reproduce in any way all or part of this publication without the written consent of the publisher.

SCA Report................................................................................... 12 Person of Interest – Daniel Gschwind: Eternally optimistic & endlessly fascinated..................... 13

MANAGEMENT Legal Ease...................................................................................... 16 Building Relationships..............................................................17 Thinking MR.................................................................................. 18 By All Accounts...........................................................................20 Motel Market................................................................................ 21 Good Governance......................................................................22 Average booking costs only 3%: Read on!........................22 New smoke alarm rules are lifesavers...............................26 Opinion: Managing social media channels.....................28

Intonet............................................................................................29 5 ways to use your guest data for smart marketing.....32

TOURISM PO Box 1080, Noosaville BC, Queensland, Australia 4566 Phone: (07) 5440 5322 mail@accomnews.com.au www.accomnews.com.au

EDITOR Mandy Clarke editor@accomnews.com.au INDUSTRY REPORTERS

Grantlee Kieza

DESIGN & PRODUCTION

Richard McGill

EVENTS & APPOINTMENTS Events..............................................................................................36 ARAMA Industry Events Calendar......................................39

PROPERTY

ADVERTISING Stewart Shimmin advertising@accomnews.com.au

AccomProperties Sales Report............................................42

SUBSCRIPTIONS Gavin Bill subscriptions@accomnews.com.au

PROFILES

CONTRIBUTORS Andrew Morgan, Arvo Elias, Col Myers, James Nickless, John Punch, Kelley Rigby, Lynda Kypriadakis, Michelle Scott, Mike Phipps, Sylvia Johnston, Tanya Rose, Tony Rossiter, Trevor Rawnsley and Victoria Peterson. KEY Commercially funded supplier profile or supplier case study Supplier information or content Suppliers share their views in one-off, topical pieces General editorial. Case studies and features may cite or quote suppliers, please be aware that we have a strict ‘no commercial content’ guideline for all magazine editorial, so this is not part of any commercially funded advertorial but may be included as relevant opinion. Happy reading!

Tourism Report............................................................................34

Noosa Lakes Resort: Raes of sunshine in the industry..........................................44 How this sizable management rights transaction was completed...................................................48 Case Study – The solar resort: An industry game changer.....................................................50 Samarinda Jewel-by-the-Sea: Managers drive success..........................................................52

PREFERRED SUPPLIERS The Preferred Suppliers Directory.......................................54 FRONT DESK

52 ResortNews | August 2021

What a great industry get-together we had in Brisbane at ARAMA’s TOP Awards event. Well done and thank you to Trevor Rawnsley and the team at Nuvho for organising such an incredible night. The event has evolved perfectly from the more intimate inaugural event in 2019. Huge congratulations to all the first-class award finalists for 2021 and of course to all our wonderful hardworking managers. A shout out to award winners Michael and Karen Cross from Dorchester On The Beach in the Gold Coast, Georgina Bishop from Newstead Terraces in Brisbane and Karen Nelson from Lanai Riverside Apartments in Mackay. While enjoying the night immensely, I also paused to appreciate how fortunate we all were to be able to sip, eat,

just how fantastic I think this will be for our whole state, but especially for our tourism and accommodation industry. Go us!

Mandy Clarke, Editor editor@accomnews.com.au dance and chat so freely with only very minor restrictions, while other states were still very much in full lockdown. At the time of writing this, things are looking even worse in Sydney. In other news… Brisbane did it! I am no dedicated fan of sport, but I am certainly overjoyed with the decision that Brisbane will host the Olympic Games, now known as Brisbane 2032! I can’t put into words (not great for a writer)

About tourism, this month I had the absolute pleasure of meeting up with Daniel Gschwind the CEO of Queensland Tourism Industry Council (QTIC), the peak industry body for tourism in Queensland. As far as I am concerned Daniel is the voice of tourism, and his passion for the industry is contagious. I guarantee you will enjoy the interview with him. His views and thoughtful insights about the industry and life are priceless. As for the rest of Resort News this month, we have an interview with the management rights owner of Noosa Blue and Noosa Lakes Resort, Ryan Rae. He is part of the Rae family who are considered to be onsite management royalty. We find out how and why Ryan has returned to management rights, and we follow on with a great story that has ramifications for the whole resort industry. It’s about how the management and body

corporate team at Noosa Lakes Resort has almost completed the installation of a solar power system. This project will mean the resort will soon become not just carbon neutral but carbon positive and I am assured that positive is an even greener result than neutral. Yes, I doubled checked with the expert because to me carbon positive sounded less green! Okay mathematics is not my strong point. Anyway, the story is sure to inspire you when it comes to renewable energy options for your resort.

EDITOR'S NOTE

Go Brisbane! Go us!

You will also love our other profile because it tells the post-COVID success story of Angela and Barry Stubberfield, the onsite managers of Samarinda Jewel-by-the-Sea, Stradbroke Island. There is nothing better than an inspiring story. From me, a big thank you to our dedicated readers and a big hello to our lovely new readers. I am confident you will enjoy this edition of Resort News. Please get in touch because I love getting your feedback. Cheers, Mandy

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FRONT DESK

Dennis Clark MDIA Hotel Interiors

SPECIAL REPORT

Rents to explode

under controversial reforms

By Grantlee Kieza, Industry Reporter

with median house rents now $600 per week in each city.

Queensland rents are going through the roof and according to property experts they could explode under proposed new legislation hitting owners and onsite managers.

Sunshine Coast unit rents have surged $75 over the past year to a median of $495 a week, while the Gold Coast median unit rent is $55 higher to $485.

Brisbane tenants are now paying the highest median house rents in the city’s history after prices climbed 12.5 per cent over the past year to reach $450 per week. A COVID-inspired sea-change surge has also pushed the Gold Coast and Sunshine Coast rental markets to the brink of breaking with median weekly prices soaring to record heights. According to the latest Domain Rent Report, both areas recorded their strongest annual growth on record over the year to June,

Some locals have been left homeless as a result. Property experts say mass interstate migration and a booming property market have fuelled the hike, with tenants warned to brace themselves for further jumps as landlords capitalise on record-low vacancy rates and skyrocketing demand. At the same time, rents across regional Australia surged by 11.3 per cent in the year ending June 2021, the highest annual growth figure since data firm CoreLogic began records in 2005. The Richmond-Tweed region, home to Ballina, Byron Bay and Lismore recorded regional NSW’s

highest increase, with combined rents rising by 19 per cent over the 12-month period to $620 per week. According to the latest Domain Rent Report, Brisbane house rents soared by 2.3 per cent over the past three months alone, while weekly unit rent prices remained stable at the previous record high of $400. More than 36 percent of Queenslanders live in rental accommodation. Proposed Queensland legislation, which has now been referred to the Parliament’s Community Support and Services Committee for review in August, includes sweeping changes. Landlords could face hefty repair bills to fix rental properties that don’t meet the minimum standards being proposed to take effect from September 2023. Tenants fleeing domestic or family violence could end a lease in

INDUSTRY

Queensland within seven days. Landlords would need an approved reason to end a lease. Pets would also be allowed in rentals but landlords could introduce “reasonable conditions” which includes asking tenants to keep pets outdoors or requiring a property be fumigated at lease end. The proposals also include provisions for tenants to make minor modifications to a property such as adding deadlocks without the landlord’s permission. Some property experts fear that landlords, spooked by the proposals and despite rising rents, will leave the rental market and put their investment money elsewhere. Kelley Rigby, the Managing Director of Gold Coast-based Letts Rebuild, said while it was a good time to be a Queensland investor with rents surging, new reforms could make “things a lot tougher”. ResortNews | August 2021

“If investors move out of residential tenancy, owner/ occupiers will snap up the properties and there will be even less properties for tenants to choose from,” Ms Rigby said. “There is a big shortage of properties now and that’s why we are seeing the big increase in rents.” A former onsite manager who now deals with sales and rentals for onsite managers across South-East Queensland, Ms Rigby said new tenants on the Gold Coast could expect average weekly rent increases of $70-$80 a week while existing tenants there would likely see their rent increase by at least $20. “Right across the Gold Coast rents are rising and people just don’t have anywhere to go. Stock is so tight. I know someone who had a property on the internet for four days and had 62 applicants. “The market is really tough which is great for landlords and managers at the moment because they can get a great price as well as great tenants.” Ms Rigby said the new tenancy proposals such as being able to change locks “were ridiculous from a safety point of view”. “It would make it much harder for a manager to do their job,” she said. Domain’s chief of research and economics, Dr Nicola Powell, said after a decade of minimal growth, last year had seen the strongest rate of annual rent rises in Brisbane for almost 14 years for houses and in almost a decade for units, up $50 and $20 a week respectively.

rent,” he said. “When there’s less residential stock because it’s less appealing to the private investment market, rents will go up and more and more people will find it harder and harder to rent a property.

and the property is restored to the way it was when they leave. “I think we need to move more to the European model where people rent their whole lives and are able to make the property their home. “If there is a respectful relationship between landlords and renters everyone is happy.

“It’s tough now and if you make it more costly and with more restrictions owners will move out of that market and invest in something else.” Not all onsite managers fear the proposed reforms, though. Glenys Higgs, the manager at Brisbane’s 1 Newstead Avenue, said she was “very open to people’s pet requests or to put pictures on walls etc.” “We charge them for a handyman to sort all that out when the tenant leaves and everyone is happy,” Ms Higgs said. “We don’t want anyone changing locks, but certainly I’m open to tenants painting a room if they want to, so long as it is in keeping with certain standards

“Demand is very strong in Newstead. My last two units leased on the day, and they were listed at great rates. I have people queueing up to get into the building – it’s the strongest it’s been in the five years I’ve been here.” Caravan parks will also be affected by the rental reform laws, and it could be devastating. John Kennedy, owner of the Wallace Motel & Caravan Park at Maryborough, three hours north of Brisbane, revealed: “The rental market is in disarray and the Queensland Government just made it a lot harder for landlords to get rid of dodgy

Because rental growth had been subdued for so long, she said, tenants needed to be prepared for landlords raising their rents further.

Trevor Rawnsley, the CEO of the Australian Resident Accommodation Managers Association (ARAMA) said if approved, the government proposals threatened to make long-term residential rental too difficult and too expensive for many investors. The result, he said, would see them leave the market and create an even greater shortage of stock and further rent hikes. “The proposals will just make it harder for Queenslanders to ResortNews | August 2021

INDUSTRY

renters. The ones that trash your assets, ruin your finances, and tarnish your reputation; the minority that punches well above their weight on the risk factor for rental investments. “It doesn’t take a rocket scientist to figure out there was going to be a reduction in supply – and now we have a housing crisis. What did they expect?” asked Mr Kennedy. “We reduced our ‘supply’ considerably as a direct result of these naïve laws and I know of many more caravan parks that have done the same. The net result is thousands of fewer options in our sector alone, a sector that once played an important part in ‘interim’ housing. It’s just not worth it!” Landlords could face hefty bills to fix rental properties that don’t meet the minimum standards being proposed to take effect from September 2023. Real Estate Institute of Queensland chief executive Antonia Mercorella said she had advocated for minimum standards for rentals but did not want them to be so onerous it would force landlords to sell their properties, rather than spend money to fix them. Brisbane Greens councillor Jonathan Sri said the new laws would result in some Queenslanders being forced on the streets, because some landlords would not want to repair properties to meet the new standards. Vacancy rates in Brisbane and the Gold and Sunshine Coasts were below 1 percent for the first three months of 2021, and rents on the Gold Coast were now more expensive than in Sydney. Michelle Weston, the Chief Executive Officer of the Caravan Parks Association of Queensland, said that caravan parks were “close living environments and that is really important to ensure that the protections of the many who live in them are not overridden by the rights of an individual. “We would hate to see a situation,” Ms Weston said, “where one person in a caravan park can create an environment that makes other residents fearful and the park does not have the ability to remove that person under legislation, which leaves everyone else distressed in the park.”

ARAMA REPORT

A night to remember:

ARAMA’s outstanding performers for Top Awards 2021 After a year of restrictions, it was refreshing to see a room filled with the best of the best in management rights recognised by their peers at the Australian Resident Accommodation Managers Association’s (ARAMA) TOP Awards for 2021 held recently in Brisbane, at Victoria Park events centre. There was certainly excitement in the air with a bumper attendance of industry participants celebrating their achievements and the success of their industry peers. The awards, sponsored by AccomProperties, EBM Insurance, RJ Electrical Services and Hirum/ HiSITE recognised the variety of stakeholders instrumental to the strength and success of the management rights industry which generates $55 billion in economic benefit back into the Australian economy annually. The calibre of finalists was first class ensuring the judging panel had their work cut out for them to pick this year’s winners. The Resident Manager of the Year Award (in the short stay accommodation category) went to Michael & Karen Cross from Dorchester on The Beach, Gold Coast. The judges made the

The calibre of finalists was first class ensuring the judging panel had their work cut out for them to pick this year’s winners.

Trevor Rawnsley, CEO, ARAMA

following comments: “Whilst all of the applicants for the awards have shown great work and positive results, this year Michael and Karen Cross stand out as excellent recipients of the award. All the unit owners in their scheme back them, so there is a synergy created from their activities, interaction with body corporate management and committee, as well as with all types of unit owners. It is a hard task to juggle all three and come out on top” The Resident Manager of the Year Award (in the long stay accommodation category) went to Georgina Bishop from Newstead Terraces, Brisbane. The judges made the following comments: “Georgina is very proactive within and outside of the industry. Her qualifications are varied including extending these outside of her workplace such as being a JP and member of Rotary. I think this

QLD - NSW - VIC - WA

is a sign of a loyal, community minded person who is prepared to serve others. Georgina is running a very successful business. She pays attention to details and comes across as a well-structured and organised person.” The Resident Manager of the Year Award (in the mixed accommodation category) went to Karen Nelson from Lanai Riverside Apartments in Mackay. The judges made the following comments: “Karen overcame challenges that required intelligence, skill and an ability to work with others. She successfully managed the complexities of the tourism industry, guests, unit owners and the residential facility management exceptionally well and all during a global pandemic. Thrown in the mix were localised issues in Mackay not limited to the down-turn in mining and an oversupply of local inventory” The recipient of the Service Provider of The Year award was John Mahoney from legal firm Mahoneys. This is John’s second TOP Award in a row which provides further evidence of his outstanding contribution to ARAMA and Industry. It takes a team effort to win an individual award and this team effort has been sustained over many years. The Sales Broker of The Year Award went to Nathan Eades from Resort Brokers. Nathan is a young, driven and determined Sales Broker who with the backing of the very talented Resort Brokers team have made a massive contribution

INDUSTRY

to ARAMA and Industry over some really difficult trading conditions. This is the second time that a Sales Broker from Resort Brokers have won the TOP Award. As a very special end to a very special event, Life Membership was awarded to Eric Van Meurs, from Atlantis Marcoola who has been a member with ARAMA since 2004 and its National President for almost 10 years. Eric was instrumental in leading the transition of ARAMA from its old management committee structure to a company structure with a Board of Directors who are elected directly by all members. Eric was welcomed to a very exclusive club by the ARAMA Life Members in attendance on the night. ARAMA CEO Trevor Rawnsley said “the 2021 Top Awards was a spectacular display of our industries enthusiasm to celebrate their success and those of their industry peers in what has undoubtedly been a turbulent and unscripted 18 months. I think I can speak on behalf of the industry when I say we should all be proud of our achievements and the support that has been shown to one another. The business of management and letting rights delivers great value to a community title scheme and its lot owners and the winners of this year’s awards displayed an exemplary level of professionalism and tenacity in an ever-changing landscape. We have no doubt this will inspire others.” ResortNews | August 2021

claim involving a committee member? By Col Myers, Small Myers Hughes

Committee members naturally think that any claim made by or against them while performing their duties should be defended, at the cost of the body corporate (or its insurer). However, this is not necessarily the case… Insurance Insurance policies for a community titles scheme will generally include cover for office bearer’s liability. This policy is designed to provide protection to committee members against losses arising from their conduct performed (or not performed, as the case may be) during the course of carrying out their committee duties. However, this policy will generally contain an exclusion from

protection for defamation. This means that if a defamation claim is made against a committee member, the insurer will generally not provide cover for any costs incurred in defending that claim.

determined that paying for costs incurred by a committee member defending (or initiating) a defamation claim, are not usually considered costs that fall within the functions of a body corporate.

Body corporate

A body corporate’s duty to act reasonably also applies to the way that the body corporate chooses to spend its money and the circumstances where it might be reasonable for a body corporate to pay the legal costs of a committee member arising from a defamation claim are limited.

There are statutory restraints regarding how a body corporate may apply its funds. The primary functions of a body corporate include administering the common property, enforcing the community management statement and carrying out other functions – as required by the body corporate legislation. Body corporate funds may only be used to undertake these statutory purposes, and cannot be used for other purposes, no matter how worthwhile those other purposes may be.

In the event that a body corporate was to pay the costs of a committee member arising from a defamation claim, it is likely that an adjudicator would order a body corporate to recover those costs, should an adjudication application be made.

What to do?

Adjudicators have previously

Before a body corporate makes

any payment for costs incurred by a committee member in a defamation claim, it should obtain legal advice, otherwise the body corporate may be embroiled in a dispute in the Commissioner’s Office, despite any good intentions.

STATE REPORT

Who pays to defend a defamation

If you are a committee member (including a non-voting building manager) and you are not protected from liability for a defamation claim by the body corporate legislation, it is unlikely that a body corporate will be allowed to pay for costs incurred by you to defend that claim. However, if a committee member is required to defend a defamation claim, the circumstances surrounding the claim may make it appropriate for the body corporate to pay for any costs incurred, and legal advice should be obtained about the committee member’s position about the recoverability of costs.

ResortNews | August 2021

INDUSTRY

BCCM REPORT

Frequently asked questions

Accessing body corporate records A body corporate must keep particular records and allow certain people to inspect and copy those records. Section 205 of the Body Corporate and Community Management Act 1997 provides for this access, and the regulation modules cover the fees that will apply, a committee’s right to records, and when access to records can be refused. The information and community education unit receives many queries about accessing body corporate records. Accessing body corporate records is also a common topic in dispute resolution applications received by our office. We have compiled a list of the most frequently asked questions to our office to assist bodies corporate and owners to understand their rights and responsibilities in regard to accessing body corporate records.

Q1. Who can access body corporate records? An ‘interested person’ can inspect and/or get copies of body corporate records. An interested person is: •

an owner of a lot in a scheme

•

a mortgagee of a lot

•

the buyer of a lot

•

someone who satisfies the body corporate of a proper interest in the records (eg., a tenant who wants information about living in or using a lot), or

•

the agent of someone on this list.

Q2. What is a body corporate record? Section 231 of the Standard Module (and equivalent sections in the other regulation modules)

Michelle Scott Commissioner, Body Corporate & Community Management

sets out what documents the body corporate must keep and when they can be disposed of. In addition to the documents referred to in section 231, the body corporate is also required to keep a roll of lots and entitlements (the body corporate roll) and certain registers such as a register of assets. Refer to the records a body corporate must keep, go to our website for more information.

Q3. Is CCTV footage a body corporate record?

Photo by Romain Dancre on Unsplash

some records can be disposed of after two years (unless they are still current). They include: •

committee and general meeting material

•

correspondence that is not important or no longer of interest

•

financial statements, including bank statements and invoices.

While body corporate legislation does not specifically mention video footage, adjudicators have made orders which conclude footage from CCTV that is operated by the body corporate is a body corporate record.

The body corporate can also dispose of some other records after six years (unless they are still current), including:

Bodies corporate should be aware of both the potential for footage to be a record and of the record keeping requirements under the Act and consider how it will manage these requirements when considering installing CCTV. You can read more on our fact sheet: Video surveillance in a body corporate.

•

contracts to which the body corporate is a party

•

reports given by a body corporate manager acting for the committee.

Q4. How long does the body corporate have to keep its records? Section 231 of the Standard Module (and equivalent sections in the other regulation modules) determines when a record can be disposed of. Under the Standard Module,

•

statements of account

•

meeting notices and papers

•

records about major repairs and installations to common property or defect assessment reports

•

orders and notices from a court, tribunal, council or other authority

The Australian Tax Office may require some records to be kept for longer.

Q5. How do I access body corporate records? If you are an ‘interested person’ and would like to

INDUSTRY

access records, you must give a written request to the body corporate to either inspect the records or obtain copies and pay the fee that applies. You can request copies of documents without first searching the records if you are able to identify or name the documents you want copied. However, if you cannot name the specific documents, you will need to search the records to find the documents you want copied. You can appoint another person to do the search for you. The body corporate can only charge the copying fee when supplying copies. A search fee will only apply if you inspect the records. The body corporate must let you inspect and/or give you copies of the records within seven days of receiving your written request and fee.

Q6. Can the body corporate manager charge a fee higher than is set out in the regulations? No, the body corporate manager can only charge the ‘interested person’ accessing records the fee prescribed under the legislation. However, the body corporate manager may charge the body corporate for the work they do on behalf of the body corporate to provide access to body corporate records if this is contemplated ResortNews | August 2021

and the committee member has started or is threatened.

in their contract of engagement. There is no provision in the legislation to pass these charges on to the interested person accessing records.

Q14. How would I know how many pages a document consists of in order to pay the copy fees?

Q7. Are the caretaker’s records part of the body corporate records? The caretaker’s personal business records may fall within the definition of a body corporate record, and some documents may be both a body corporate record (eg., invoices for work done on common property) and the caretaker’s personal record.

Q8. Do I have to pay the copying fee if the document is emailed? The legislation simply provides that an interested person must pay 65 cents per page for a copy of a record. The copy must be a hard copy and not electronic. You may wish to search for adjudicators orders about this topic on Austlii.

Q9. I am a committee member; do I have to pay a fee for accessing records? The regulations provide that the body corporate must allow all members of its committee reasonable access, without payment of a fee, to the body corporate’s records. However, there is no definition provided for ‘reasonable access’. In some circumstances it may be reasonable for a committee member to pay a fee for copies. You can search for previous adjudicators orders about committee members accessing body corporate records on Austlii.

Q10. Does the body corporate manager need approval from the committee to provide records to an interested person? Section 205 of the Act does not specifically provide that the committee must approve the release of the information to an interested person.

Q11. How long do I wait to receive the records? The Act provides that the body corporate must allow an interested person to inspect or provide copies of records ResortNews | August 2021

Photo by Michał Jakubowski on Unsplash

within seven days after the receipt of a written request and payment of the prescribed fee.

may be able to keep records confidential because of ‘legal professional privilege’.

Q12. Are the contact details of owners and occupiers private? Can an owner instruct the body corporate they don’t want their information shared?

To be ‘privileged’ the document would need to be:

An owner’s name and address for service (which can include an email address) are recorded on the body corporate roll. Under the Act, the body corporate must provide an interested person access to the roll on request and payment of the applicable fees.

•

a communication between a lawyer and their client

•

created for a lawyer as part of legal advice to their client, or to take current or planned legal action

•

kept confidential by the client

A body corporate does not have to give a committee member privileged records if legal action between the body corporate

If you only want copies and do not know the number of pages for calculating the copying fee, you can ask the body corporate to tell you the number of pages. Once you have paid the fee, the body corporate has seven days to provide the copies to you.

Q15. What can I do if the body corporate refused to provide the records? If the body corporate does not allow you to inspect or provide copies of records within seven days of receiving the request and you have been unable to resolve the issue of obtaining access to the records with the body corporate, you could consider lodging a dispute resolution application with our office. To lodge the application your dispute must fall within the meaning of dispute set out in section 227 of the Act.

The Privacy Act 1988 (Cwlth) and the Information Privacy Act 2009 (QLD) may apply to the body corporate (and its agent). However, privacy restrictions under this legislation do not apply to information that must be given by law. This means the body corporate cannot refuse to make documents containing an owner’s contact details, such as the body corporate roll, available under the privacy legislation if the Act requires the body corporate to provide access to these documents. There is no specific provision in the body corporate legislation which allows an owner to request that their information be kept private. An owner who has concerns about the privacy of their contact details may wish to set up an email address specifically for receiving body corporate correspondence.

Management Rights Solicitors Management Rights Buying (existing businesses and off the plan), selling, renewals, new agreements and dispute resolution

Q13. When can the body corporate refuse access to records? A body corporate does not have to make a document available if it reasonably believes the document contains defamatory material. Also, a body corporate INDUSTRY

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We have offices conveniently located in Brisbane and the Sunshine Coast.

(07) 3226 3944 Matthew Russell,

Vanessa Sciortino,

mjr@nicholsons.com.au

vas@nicholsons.com.au

Partner

Special Counsel

www.nicholsons.com.au 11

SCA REPORT

Professionalising the body corporate management industry Body corporate management is a multidisciplined profession including property management, marketing, administration, financial management, engineering, contracting, legal, insurance, mediation and customer service, strata managers take on the primary role of guiding a community. They administer and implement efficient management of the common property and its needs. Highly skilled but often not fully understood, body corporate managers are trusted advisors of body corporate committees. In the past year, bodies corporate and their managers had to adapt to the rapidly changing circumstances presented by COVID-19. Body corporate managers have continued to carry out duties at a high level, supporting owners in managing their assets, and making sure body corporate committees know their obligations in managing common property to be safe for all residents. Body corporate managers are positioned to make a difference, and not just to help

James Nickless, President, SCA (Qld)

improve the capital value of the property but to create sense of community and a quality living environment for its residents. SCA (Qld) is dedicated to creating an industry framework which will deliver high quality education and provide a high level of professionalism among managers. In just one year worth of campaigning SCA (Qld) successfully pushed the importance of a legislative framework for body corporate managers onto the agenda of the Queensland Government. We are continuously investing time and resources into transforming strata management into the career of the future filled with educated and accredited professionals. The industry is also facing a serious skills shortage with many bodies corporate management companies looking for new and ambitious professionals.

As an industry body, SCA (Qld) offers education for body corporate managers and provides an accreditation pathway in place of a legislative framework. Body corporate management is an industry with a clear career path, and national qualifications are obtainable with a Certificate IV in Strata Community Management. Along with this is a new mentoring program being commenced with SCA National, giving young professionals the opportunity to learn about the industry and develop their skills under the eye of some of the best in the industry. SCA (Qld) provides strata managers with educational opportunities to ensure professionalism in the industry, and ongoing education to increase the knowledge and avenues available to allow for companies and employees to operate with industry best practices. Once strata managers successfully fulfil the criteria of our accreditation pathway, they can use Post Nominal Credentials, which reflect their commitment to a highly ethical and professional standing in the strata industry. SCA (Qld) has advocated for a regulatory framework for body corporate managers since its inception in 1984 and after a relentless election campaign in 2020, we have managed to put this on the agenda of the Queensland Government, and we have officially begun working on the Community Titles Legislation working group. As part of our work on the CTLWG, the Queensland Government is in the process of determining the viability of a professional standards or regulatory framework for body corporate managers. This is an exciting moment in time for our industry and our best chance in a generation to raise the standard of body corporate management. A licensing scheme could

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take a variety of forms and SCA (Qld) is currently in the process of seeking member feedback on how best to design a scheme. New South Wales currently has a licensing regime built around a Certificate IV with 3 levels of licensure: assistant agent, licensed strata managing agent and licensee in charge. This is accompanied by a continuing professional development scheme. The benefits to both consumers and our industry with respect of a licensing regime are selfevident. Mandatory professional standards that come with licensing will lead to a lift in the standards of service in the industry and provide further reassurance for lot owners that their body corporate managers are professionals held to an enforceable framework. It is a win for all parties in the sector, including suppliers and associated professionals who will be able to work with body corporate managers with greater education. SCA (Qld) believes that any regulatory framework should include a strong role from SCA (Qld) as the peak body providing education and training. We also believe that by creating a licensing regime the calibre budding professional seeking to become strata managers will also increase. The sector is diverse and competition robust, whilst some may argue a licensing regime may limit competition, we believe the exact opposite will occur. With enhanced community standing of the industry, more dynamic and competent people will seek to enter our ever-growing sector. We hope a professional regulatory regime appropriate for the 21st Century will be a critical part of how our sector operates in the years to come. ResortNews | August 2021

Eternally optimistic & endlessly fascinated By Mandy Clarke, Editor

Daniel Gschwind is the Chief Executive of Queensland Tourism Industry Council (QTIC) and this month he is our person of interest. I caught up with Daniel at QTIC’s Southbank HQ on the very day Brisbane waited in anticipation to hear if it would be the host of the Olympic Games 2032. He told me: “This is an important day. The Olympic Games would be an extraordinary opportunity for Queensland to appear on the global stage, it would be a massive global marketing tool.’ He poetically described the importance of the Games as: “An aspirational light on the hill coming out of a covid funk.

and travel from a very young age. He suspects this travel bug may have been inspired by Monks! “When I was a small boy a group of Monks would occasionally visit our home, as they tried to raise money for their missions. They would show us photographs of very exotic and tropical locations and I was so intrigued and excited by the images that for a while I wanted to become a Monk,” he laughed.

He travelled through Asia and then decided upon a career in yacht charter operations in the Mediterranean and the Caribbean. This involved taking small groups of tourists to visit some of the world’s most stunning locations.

However instead of joining a monastery after school Daniel took a gap year to travel the world, that year turned into 10!

He said: “This was my first wonderful foray into the tourism industry but after 10 years my mind was very much on my long term, long-distance girlfriend (now wife) Sheridan who is from the Gold Coast. Love moved me to Brisbane to be near Sheridan and I commenced my economic studies.”

PERSON OF INTEREST

Daniel Gschwind:

During his time working as an economist, Daniel connected to many tourism industry professionals, operators, and businesses and after several years an opportunity with Tourism Council Australia (TCA) came along. The national TCA folded over 20 years ago but from the ashes, in Jan 2001 QTIC was formed in Queensland.

“This is an opportunity to show Queensland in the best possible light. If the outcome is positive, we can get to work to create the city, region and state that we aspire to have. It’s the driver we need and an incentive to evolve into the best region we can be.” Yes, Daniel is very passionate about the Olympic Games 2032, and this is because he is so very passionate about the tourism industry that he has dedicated his career to for so many years. He is confident that the games will lead to “massive tourism opportunities” in both the lead up to the event and for many years after. He describes a tourism “afterglow” with billions of tourism dollars added to the economy. Daniel’s passion is tourism but at his core he is an economist, who completed an honours degree at The University of Queensland and then worked for the Queensland Treasury as a senior economist before his career took off in the tourism industry. Daniel was born in Europe and grew up in Switzerland. He always had a strong desire for adventure ResortNews | August 2021

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Daniel with the real heroes who were instrumental in protecting the Great Barrier Reef. Next to Daniel is Charlie Veron the ‘Godfather’ of coral science and next to him is Eddie Heger the prominent Marine Scientist from UQ who was one of the first researchers to identify the value of the reef. The picture was taken in 2017 to celebrate the 50th anniversary of their success in having the Great Barrier Reef set on the path to become protected.

Now QTIC, is Queensland’s peak tourism industry body with more than 3000 regional members and Daniel represents the body on various committees, advisory boards, and to governments. Daniel says he is very fortunate to have found his passion in his career. “My job is exciting, interesting, and inspiring. Every day is different. I meet many motivated and dedicated people from all aspects of life who have been touched by tourism in some way. “Tourism is a very resilient industry, full of passionate professionals and QTIC is the voice of this diverse and dispersed industry. Collectively the professionals we represent are very important, very large and powerful but made up of small parts. This is not a contained industry; tourism impacts tens of thousands of businesses, and it also represents the whole community.” He says the massive economic impact of tourism has not always been fully recognised but now almost everything the federal and state governments do has

Daniel on a ‘personal’ tour in the Herbert River in North Queensland.

some relevance to the tourism industry. He points out that is why it is important QTIC is involved in discussions with government before decisions are made.

members represent industry and business across all organisations. We try to bring people together and focus on the things we have in common.”

He said: “Tourism impacts on policy and portfolios for industries including transport, accommodation, hospitality, education and training, media, research and natural sciences, communities, culture and of course the environment. Our

Daniel recalled how Queensland’s Barrier Reef could have been decimated 50 years ago, instead thanks to a small conservation group it was protected. He explained: “A small group of forward-thinking people INDUSTRY

were able to convince the government of the day of the value of tourism to the region, and the economics made sense.” Daniel continued: “Someone has to stand up and speak up before decisions are made and that is what we do. The art is to be in dialog with decision makers before decisions are made. It is vital to build constructive relationships with all sides of politics, at all levels ResortNews | August 2021

Daniel and his wife Sheridan

of government, on all matters that impact our industry. “It is a very broad spectrum to cover but also very interesting. One day I could be discussing the marine life in the Barrier Reef and the next reforms in the education sector or work visa legislation with immigration. “My job is endlessly diverse and interesting but also challenging. I cannot overstate how important the work of QTIC is for the future of our industry. To do the work we rely on the foresight and generosity of many businesses to support us.” Once tourism was seen as a less than serious business explains Daniel, but now politicians and the public have started to grasp its weight. The economic evidence is solid, from the billions of tourism dollars and the taxes raised to the employment opportunities it provides. However, for Daniel the importance of tourism goes way beyond economics. “Tourism is a power driver for economic prosperity, but it also drives the wellbeing of communities and changes environmental outcomes for the better,” he said. ResortNews | August 2021

“We have seen towns and regions revitalised by tourism; it can help them find a future after other industries have disappeared. It is also vitally important we recognise the value of tourism for Indigenous communities, tourism can help protect ancient culture. “Igniting tourism in a region can inspire community pride, celebrate history and culture. It brings value back to many regions because travellers want to see authentic community life and that is what makes destinations more attractive. “Since COVID the value of tourism is even more obvious. With domestic travellers now looking inwards we need to focus and protect those authentic tourism experiences including rural farms, Indigenous experiences, rainforest, hinterland, and outback regions.” Daniel describes himself as an eternal optimist and says he is hopeful that international tourism will come back stronger and better. We have a wonderful opportunity in Australia to create a more sustainable and greener tourism future. He said: “Tourism is a desirable activity and it will always be.

After COVID tourism will be even more sought after and valued experiences will matter more.” I asked, where do you like to go on holiday? Daniel replied: “I have never lost my sense of discovery and I constantly wonder what is beyond the horizon, but I don’t need to travel far to be fulfilled. My sense of wonder can be easily intrigued close to home, I always find something new to discover. The unexpected is what I like.” Daniel lives in Brisbane’s Redland region and says he still enjoys waking every morning to the sound of tropical bird life. He admits he finds the koalas, wallabies, lizards, and snakes that live on his property endlessly fascinating. Daniel’s three adult children tease that by now he has been an Aussie long enough to be unimpressed by its native animals! Daniel enjoys staying in local accommodations and recently had a wonderful experience in a management rights resort in Noosa. His advice for onsite managers in such a competitive time is to always be “authentic”. He said: “Visitors want an authentic, personable experience. Yes, a certain standard of

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accommodation is always expected but what really makes an accommodation memorable is the interaction a guest has with the onsite manager. They don’t want a fake but friendly encounter instead; they are looking for a positive and genuine human interaction. This requires skills from the manager to gauge what the guest wants and then to provide it. “Good personal contact makes all the difference because all humans want to feel special. The onsite managers that grasp and deliver this will be in the strongest position and it is their greatest marketing tool because guests will take this interaction away and tell others.” Daniel added: “You must have the personality for this industry. Tourism is not just about serving food and drinks. As a career the sector attracts a diverse range of people who want more than just a good salary. They also want it to be rewarding, to contribute to society and perhaps to advance their spirit. “More and more they recognise that tourism contributes to society and communities, it can protect the environment and even help disadvantaged people.”

LEGAL EASE

Recent concerns and experiences:

Where to from here? Not everyone’s experiences in management rights are the same and over the years I have had to deal, for clients, with most scenarios, both good and bad. By keeping a good relationship with a majority of owners, managers will always place themselves in a good position for their ongoing business. I mention some of the occurrences that I hope will broaden the knowledge of managers and perhaps create discussion on improving the system of serving everyone’s needs, within the laws that exist. The first situation that comes to mind is the attitude by some lot owners and their bodies corporate of: “We own the management rights, not the manager!” Or ‘Dads Army’ to the rescue!

John Punch, Partner, Short Punch & Greatorix Lawyers

that they could get a new operator, on a much-reduced salary for, the short term. They advertised and got someone willing to give it a try with a very low remuneration and where there was no opportunity of building up any good will, based on the enterprise of the manager. However, the party would not be living on the site and could not afford to, for the much-reduced payment! What ensued was that the

lot owners could see a much reduced “servicing” arrangement for both their letting and caretaking needs at the building, for the various categories of owners and possibly that this might lessen the value of their lots and lower the standard of the building. You might say “the penny dropped” that management rights, on an enterprise-based system of a live-in manager, catering to everyone’s needs, in a building, is far more superior to that of an employee type of arrangement, where the income of any letting business that the manager earned, was utilised to subsidise cheap management of the common property and it’s building. So, the general meeting secret ballot approval of a new nonlive-in manager resulted in a “no” vote, to the chagrin of the committee, thus producing a void in management and letting at the building!

Recently, a largish strata titled building of apartments, with both short and long-term lettings, plus live-in owners of the lots, found the opportunity to not renew the Caretaking and Letting Agreements. The manager, rather than staying the distance and operating the letting business, sold up the managers unit and left. The body corporate advertised for and engaged a capable couple with experience in management rights, who took a short-term contract and leased a unit to live in, in the building, conducting both the caretaking and letting for a reasonable reward and obtaining the ability to earn income from the commissions of the lettings. The body corporate and its lot owners felt that it was in a better position with a short-term arrangement. Then, the short term ran out.

It also becomes a bit like ‘Dads Army’, where the committee may have to be on hand for the building to operate via an employee. What happens when the employee has sick leave or holidays or decides to quit? The situation also reminds me of a client body corporate, which engaged my firm to rewrite new Caretaking and Letting Agreements for an existing onsite manager, provided the manager then sold the business and the managers unit/ office within a short period of time (for various reasons). The committee wished to give the opportunity for the manager to sell up and the body corporate have an agreement designed to restrict or minimise the lettings lots of the building.

At a meeting I attended, for all the owners, discussion turned to the body corporate letting the current agreements run out and then having an employed person to simply perform the caretaking and maintenance work for a salary, no “enterprise based live in manager” would then exist for the building and no certainty of managing the lettings.

Without a more secure longerterm contract, the managers were not happy. The body corporate committee decided

No doubt this will bring the building to a position of having to rely on an ad hoc employed caretaker and both the live-in owners and letting owners are left having to rely on an offsite management, without an “on call” operator, the managers unit has been sold and for any employee to be renting in the building adds too big a cost to the caretaking!

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Quickly the meeting got into disarray with all of the competing groups of owners: the live-in owners, the shortterm letting owners and the long-term letting owners all seeking to have their interests protected, particularly when it was realised that an employee might take sick leave and would need holidays as well as daily supervision. The involvement of the committee members for that role (again a ‘Dads Army’) certainly did not find favour! ResortNews | August 2021

The tried-andtrue system of management rights operated to produce a live-in responsible party Explaining that the tried-andtrue system of management rights operated to produce a live-in responsible party, soon steered the owners back to the task of a caretaking and letting agreement, suiting both the manager and the owners! Which brings me to the second observation or concern… What has happened in the sphere of body corporate management, where the party contracted to assist the body corporate to administer the building in its arrangements and to assist the owners, no longer seeks to guide the committee and the owners in respect to the need to have a worthwhile onsite management, by relying on a management rights operator? More and more we are seeing that the body corporate manager is not working in parallel to the onsite manager, and helping the path of management rights, as they should be. They seem to be guiding body corporates to “anti-management rights” lawyers. This needs to be addressed by an industry education process with the body corporate managers, I would suggest. To round off my observations, it is necessary to cover the situation where, more and more, the developers of buildings are not ensuring that the area of the office for the caretaking and letting arrangements, which the developer sells - is to be included in the ownership of the manager’s lot, to give security to the future of the management rights, beyond simply the Caretaking and Letting Agreements. It seems that this comes about from, firstly, the law stating that there can be a grant by a body corporate for an “occupation authority”, for common property areas built into the agreements, but only for the length of ResortNews | August 2021

the term of the agreements (not an exclusive use by law anymore) and, secondly the developers legal advisers/ surveyors are not ensuring that the developer takes the ownership of office path, for the future management rights owner. This failure is encouraging the treatment of management rights as far more transient in nature and almost a “wasting asset” one where there is no security beyond the term of the agreements. I am hopeful that these observations of mine lead to some firming up in the discussion and ideals of the management right’s industry, to ensure that the industry in Queensland will not be eroded through ignorance and lack of a coordinated approach, by those who have an ability to ensure a positive position is maintained. Such discussions and concern should involve the representatives of the industry, members of parliament and their advisers as well as those involved or engaged in the body corporate management/ development of buildings. Good will towards the management right’s industry appears to be missing, where our state government appears to be lacking. Finally, getting back to the building now struggling with the owners having voted against a short term, employed caretaker and letting agent. That scenario only came about because the onsite, management rights owner / operator, at the time, failed to exercise an option! Every management rights operator must ensure the proper diarising of the timing for exercising management rights agreements options (if one is in the agreements), and always ensure that it is properly exercised to allow the term to be extended. This cannot be stressed more firmly!

Building professional relationships in business Last month on July 27 our industry celebrated all it is and all that we are achieving at the annual ARAMA TOP Awards dinner. This spectacular night is the inspiration for this article. The topic of relationships is one that I try and touch on every month because in my opinion it is the foundation of every successful business. When I talk about relationships this month, I am referring to expanding your world outside of the complex or building you reside in. Although these relationships are vital, I want to talk about those that are within our community or as one of the award winners stated (Karen Cross) our extended industry family. Walking through the crowds at the ARAMA awards night I was delighted to see old relationships reunited and new one’s formed. There were pioneers of the industry nestled next to and chatting with others that are only just beginning their journey. It got me thinking, these relationships with our industry specialists and other management rights owners are just as important to our business as those that are closer to home. Management rights is certainly no walk in the park so having friends, colleagues’ acquaintances whatever you want to call them that you able to phone in a time of crisis is crucial to surviving and thriving in this industry. When a client picks up the phone and calls to ask for my assistance with a legal matter, tenancy issue, committee problems, caretaking duties (I could keep going with topics, but I have a word limit) if I don’t have the answer I will certainly know where to get it. Yes, the secret is out I definitely (100 percent) do not know it all, but I have built incredible

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Kelley Rigby, Managing Director, Letts Rebuild

relationships throughout my time in this magnificent industry that make me look extremely intelligent… Thanks guys! There are many social and educational events that occur for our industry throughout the year, some even happen monthly. Many managers attend these events but also organise lunches or even dinners with other building owners to catch up, laugh, cry, and support each other. Aren’t we lucky we are in an industry where our colleagues and sometimes even our competitors are willing to sit across the table and give us their formula to successes? I encourage you to go to that lunch/event or even start one of your own. Invite your nearby managers, your lawyer, accountant, finance broker, columnist (I am suggesting me in case you didn’t get my subtle approach) and start building these relationships. The benefits these friendships will have during your management rights adventure are crucial to your sanity (for me anyway) and your success. The relationships we build in business and life mould who we are, and who we are as businessmen and women. I will be forever grateful for the men and women in our industry that have moulded and will continue to mould me into the woman I am today.

THINKING MR

Things to think about when you borrow money I read with some amusement that our friends in government have realised that all the disclosure and “lets treat people like idiots” regulations that we now “enjoy” may in fact be very confusing to the average borrower. Mike Phipps, Director, Mike Phipps Finance

of the inner city latte sippers and thank them for their advocacy and commitment to your “protection”. As it turns out we have always strived to ensure that our clients know what they are getting themselves into. In fact, I think we spend more time on education and financial counselling than actual finance broking. Given the regulator’s call to make things clearer I thought it might be helpful to summarise the key points for consideration when you borrow money. I won’t talk much about why you borrow money and what constitutes good and bad debt although I’ll make the following observations. Negative gearing, is, of itself, a flawed strategy. No sane person sets out to spend $1 to save

30 cents if that’s the end game! Borrowing for a depreciating asset likewise, unless you can claim a tax deduction, make money directly from the asset during its serviceable life or put the capital to better use. Spending tomorrow’s pay packet on consumer items via our many friends in the buy now, pay later game is a road to financial disaster and one step away from the pawn shop. Anyway, let’s move on… While far from a definitive list here’s a bit of food for thought when borrowing money.

asset being acquired, the purchase costs and the total interest costs over the proposed loan term. It always surprises me how few borrowers actually know what the likely total cost of borrowing for an asset is likely to be before they talk to us. Of course, there’s more to the decision than simple maths. For example, security of tenure in your own home or business is a very powerful driver behind the vast majority of borrowing decisions in this country.

Why and at what cost?

Loan structure and security

Yes, always a good place to start. Why am I borrowing? We encourage borrowers to look at the use of debt from a whole cost perspective. That is, the cost of the

©constantinos - stock.adobe.com

Lenders are now being told to explain things in simple English and in a manner that is clear, concise and easily understood. Let’s call it a conversational style of communication like the bulletins we have been publishing for years. Given that it’s not unusual for a borrower to receive, inclusive of the Product Disclosure Statements, upwards of 500 pages of information from a bank this seems like a step in the right direction. Of course, the challenge for lenders will be to communicate plainly, clearly and concisely while covering their bottoms from potential legal action. Sadly, some borrowers don’t understand the concept of personal responsibility. When you are filling out the mind-numbing paperwork involved in the simplest of borrowing applications feel free to face the general direction

Negative gearing, is, of itself, a flawed strategy. No sane person sets out to spend $1 to save 30 cents if that’s the end game!

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We’ve written before about lending structure and security. As always, we strongly recommend reviewing that information as part of any borrowing decision. You should always consult your accountant and lawyer as part of that process. A word on asset protection. Your lender will want full recourse to the security you offer and to any borrower or guarantor. An asset holding structure designed to protect those assets in the event of legal action or insolvency will not generally protect you from a full recourse secured lender. Consult your lawyer if ever in doubt.

Principal and interest v interest only One of the first decisions borrowers need to make is the principal and interest versus interest only conundrum. ResortNews | August 2021

This decision comes back to the why question. If interest only is appealing, we encourage borrowers to know why. Remember, going interest only just to keep your monthly payment lower is, of itself, a flawed approach. There are good reasons to apply for interest only finance which we’ve previously written about. However, all things considered, for many borrowers amortising debt, and fast, makes very good sense. One strategy that seems to work well for our clients is variable rate interest only finance with a strategy of paying down debt and building an offset or redraw facility. In most cases this is a strategy tied to a variable rate loan which allows the borrower to essentially pay down debt, reduce interest costs and build a buffer for the management of any future unforeseen cash flow issues. The strategy also allows borrowers to have access to liquidity for immediate investment without the need to apply to the bank. An important consideration for business borrowers is the loan term. Some lenders will approve a 15-year loan with, say, 3 years interest only. Others will simply approve a 3-year interest only loan. It is critical to understand that the 3-year loan term is just that, 3 years, after which all bets are off. Your facility expires and you need to re-apply for any extension. Obviously, short loan terms carry refinance risk albeit the interest rate is usually lower to reflect the bank’s shorter lending commitment. In some rare instances term finance will be approved with what’s known as a balloon end payment. Essentially the lender calculates repayments to ensure partial pay down of the debt with a lump sum (balloon) payment required at a future point to clear the debt. Such arrangements need to be approached with a greater degree of analysis than other forms of loan structuring. The obvious risk with this type of finance is that the borrower arrives at the balloon date, doesn’t have the money to clear the debt and can’t refinance the balance.

Costs, working capital and contingencies We encourage borrowers to undertake a detailed budget before committing to a ResortNews | August 2021

transaction. It is not wise to enter into any debt obligation before understanding all the costs involved and where your liquidity position will be post settlement. This is particularly true of business borrowers where cash flow cycles and contingencies need to be understood to ensure no financial stress. As always, we recommend borrowers review their budget and consult their accountant. Remember, contingency and fall-back capital is there for the things we don’t expect like, I dunno, a pandemic maybe! In our view it’s not a great idea to borrow money where every last cent goes into your equity and costs with no margin for error.

Debt servicing and personal budgets Perhaps the most topical post banking royal commission issue. Lenders do a number of things behind the scenes which all borrowers should consider. The first is that they stress test your ability to meet your commitments. That means that when we talk to you about your finance, we are applying those stress tests. These tests are simply a means of applying some “what if” scenarios to our analysis and observing the results. First, we apply a higher interest rate to your debt service capacity. Typically, this means adding two to three percent to current rates and seeing if you can survive such a rate rise. Then we take the total loan term, deduct any interest only period, and see if you can meet your repayments over the balance term, at the higher rate. Lenders also discount many forms of income to reflect any volatility risk. For example, rental income is discounted to reflect vacancy risk while share dividend income is discounted to reflect any volatility in public company profitability. Lenders treat all debt facilities as if they were fully drawn. In practical terms that means that even if you owe nothing on your credit cards, we must assess them as if fully drawn and on a monthly repayment. Same goes for advance payments on your loan accounts. Borrowers are required to complete a personal budget reflecting living expenses and this budget, together with current and proposed debt service

Photo by Alice Pasqual on Unsplash

commitments, is used to arrive at debt service capacity. If we think you are not likely to be able to meet your commitments or that your plans may place you under financial stress, we have an obligation to tell you so. This duty of care extends to declining to assist a borrower who insists on proceeding in the face of a clearly unacceptable debt service risk.

Variable v fixed rates We encourage borrowers to consider all options. Of course, there are pros and cons to both rate types. Variable rate loans generally have no early payment penalties and allow borrowers to make additional repayments as they see fit. For borrowers who plan to pay down debt faster than their contracted repayment we think variable rate loans make good sense. Of course, the downside is that rates may rise and the variable rate borrower may be exposed. You could move from variable to fixed of course but often the rate horse has bolted by the time the danger is apparent. Fixed rates provide certainty and for many borrowers are simply a means to sleep better knowing their repayments are locked in for the term of the fixed rate. Beware, penalties often apply when paying down or paying out a fixed rate facility during the fixed term. An option for borrowers is to split their facilities and take an each way bet with a part fixed, part variable structure. Look out for duplicated loan account fees when assessing this option!

Refinancing It’s important to note that some

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debt refinance transactions will attract exit fees and / or fixed interest rate and loan term break costs. If you are refinancing existing debt, you should seek a refinance payout quote from your existing mortgagee and consider if any increase in funding to cover refinance costs is required.

Changes in circumstances In these politically correct times, any discussion around changing circumstances must be treated with great caution. On the one hand common sense suggests that if a borrower is planning a material change in their lives that’s worthy of some consideration. On the other hand, any discrimination on the basis of lifestyle choices could place a lender in very warm water indeed. We encourage all borrowers to consider any anticipated change in their circumstances in terms of impact on income. Budget accordingly and if your future plans suggest financial jeopardy let’s have that discussion.

Education If there’s one thing we would encourage borrowers to do above all else it’s to understand concepts around money, budgeting and debt. Start with two simple spreadsheets. Have your assets and liabilities on one and your month-to-month budget and bills on the other. Have the discipline to keep both up to date. You’ll be amazed how much better you’ll sleep. Remember, we are here to help, even if that means No.

BY ALL ACCOUNTS

Wrapping up the 2021 financial year:

Accountant’s perspective For many the 2021 financial year is a year to be forgotten for others it is the start of a new beginning, a chance to reset and launch into the year ahead. Dominated by the influence of COVID-19 it is fair to say that every business operator has been touched in some way. We have all heard the stories of the devastating impact on many accommodation properties resulting from shutdowns and border closures. Fortunately, not all the news has been bad with some real success stories appearing around the country. A few notable mentions include the regional motels many of which have traded through the worst if it largely untouched. Others being supported by landlords following the “National Code of Conduct” arrangements providing rent waivers and rent deferrals to assist the operators through the national shutdown. It is fair to say the regional accommodation market has been resilient and avoided most of the impact experienced by the capital city lockdowns that again currently dominate the headlines. Another notable mention is the regional tourist hot spots including Port Macquarie and Byron Bay in New South Wales and the Sunshine Coast and Hervey Bay in Queensland. Many operators in these towns and many other tourists’ hotspots around the country are now reporting a record year of trading. Somewhat counter intuitively the lockdowns have benefited these markets resulting in an influx of new domestic guests who would have normally travelled and holidayed internationally. For accounting practices specialising in servicing the accommodation market it is fair to say that the 2021 financial year has been the busiest on record. On top of the usual workload considerable

Tony Rossiter Director, Holmans

time has been invested in understanding how recent trading performance should be presented when preparing financial reports for the purposes of valuation or sale. The contrast in financial outcomes achieved by operators could not have been greater. On the one hand great businesses being stifled by governmentimposed lockdowns resulting on terrible trading outcomes and on the other hand average performing accommodation businesses flourishing in the wake of an influx of new guests generated by those same border closures.

to represent the true maintainable performance of the business be it good bad or indifferent. Preparing two years figures could be a solution but even that will not accurately represent the performance of an accommodation business because the short-term accommodation industry was most heavily impact from March 2020 through to June 2020 which falls into the previous financial year.

The question that immediately comes to mind is how you go about putting a value on a business when you have outstanding businesses reporting poor trading results and at the same time mediocre businesses suddenly reporting outstanding results. Whether a business is preparing for sale or simply requiring a valuation to support their current financing arrangements or indeed to refinance their bank loans the 2021 financial year trading actual figures are unlikely to represent the true maintainable trading position of the business.

Focus must now turn to the value of short-term accommodation assets being assessed based on three years trading figures. At this point in time that would comprise the 2019, 2020 and 2021 financial years. Although this will involve significant additional work preparing adjusted trading figures and then potentially having those figures verified it is the only way to accurately understand how a short-term accommodation business was trading pre-COVID irrespective of how the business fared during the worst of the lockdown period and how it is traded out the other side.

In some accommodation models such as management rights, (particularly the holiday resorts) the industry practice has been to value the business based on the most recent 12 months trading figures. This practice has largely served the industry well in the past however in a post COVID world one year’s figures and particularly the 2021 financial year simply does

Assessing the three years figures will then need to be done on a case-by-case basis to determine the maintainable income moving forward. How does the most recent 12 months trading compare to the pre-COVID trading result? If it has improved dramatically is that because of a one-off spike in trading conditions that will dissipate once international

MANAGEMENT

borders re-open. If the most recent trading is down dramatically on the pre-COVID trading result is that reflective of a business that continues to suffer from the influence of the pandemic or has there been a fundamental shift in the value of the business and the most recent trading outcome is representative of the new normal? Whatever the result it is clear additional analysis needs to be undertaken to make a proper assessment of the maintainable income of an accommodation business and the starting point is obtaining an understanding of the last three years trading results. On a positive note, it is heartening to observe the strong demand for accommodation business that has continued to build in the second half of the 2021 financial year. It is a testament to the resilience of the industry to see business sales continuing despite all the challenges that COVID-19 has thrown at it. Most important to the industry moving forward will be to ensure prices paid for these assets is reflective of the underlying maintainable earnings of the business. The information, opinions or conclusions provided above are generic in nature and do not express individual advice or recommendations. You should always consult a suitably qualified professional before taking any course of action outlined above.

ResortNews | August 2021

Profit may not be what a business is all about, but it is what it survives upon. No profit means no business. It simply cannot survive. Any business owner or operator knows what is needed to achieve a profit beyond the breakeven point. When a product or service is offered for sale, what it costs a business to purchase then get that product or service to the market in a position to sell is the breakeven point. In the case of accommodation, the room rate (selling price) less cost to get that room to the market and available to rent (cost) equals the profit margin. By understanding where the breakeven point is and what the product or service can be sold for in the market, one is able to know the profit level, the volume of sales required to make a profit, the impact on profit of declining tariffs/prices or sales volumes, and the level sales can afford to reduce to before a loss is incurred. The addition of a mark-up to make a profit and still be competitive determines the price the product/service can be offered at. The product of the motel room and associated service costs to the business to rent the room includes wages, cleaning products, pay tv, laundry/ linen, electricity, insurance, wear and tear, rent, bank interest, council rates, and much more. A combination of fixed and variable costs. If the total cost including these expenses and others are unknown, how can the price be set to ensure the business is not losing money on the sale. If a motel is selling a high number of rooms at a solid occupancy rate however at the end of the month there is no money in the bank account, then one primary source to consider is the product price/room rate. Accurate costs to rent a motel room offers a very useful tool of measurement. As does an empty bank account!

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Andrew Morgan, Queensland Tourism and Hospitality Brokers

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base. The reasons why can be due to several factors that affect this figure such as property specifics, business operation and utilities.

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management wages will

Restaurant: A restaurant will substantially increase many costs, however this is a separate income department where the same considerations on what it costs to produce that product are relevant

for their time anyway

Unit size: The square metre area that the unit occupies. A standard studio unit costs less to occupy than a two-bedroom family unit.

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Self-contained: The cleaning costs alone to rent a self-contained unit can be substantially higher Age of property: How old the property is may determine how much upkeep is required to the buildings •

Standard of property: If a motel is in disrepair it will require more expense to maintain Location: Sea air may increase corrosion of buildings such as metal staircase handrails, roofing, etc. Building movement in some areas may create brickwork and concrete cracking and other issues Unit fit out: What condition

Lease/freehold: Is the tenure leasehold with a rental to be paid each month, or is it freehold where mortgage repayments and bank interest are due? Interest rates will rise and fall changing repayment amounts. Interest payments will be applicable with leasing as well however the level of borrowing will be generally lower than a freehold purchase. Type of clientele: The motel’s business could be corporate customers, tourists, families, contractors, etc.

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Laundry: Is the linen cleaned onsite or offsite at a commercial laundry?

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Employees: Are employee levels correct or is the business over or understaffed?

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Owner/operator or under management: The cost of

a motel unit. Although owners should expect to pay themselves a wage

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Consumables: What type of soaps, tissues, shampoos, etc are included within the unit?

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Cleaning: Are the cleaning products the most cost effective? How long are the cleaners allocated to clean each room, e.g., 20 minutes, 30 minutes, or unlimited?

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Eftpos/credit card fees: The fees charged by some card operators are higher than others

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Marketing: Is the motel a member of a chain? The fees paid to a motel chain form part of the cost to rent a motel room, as does the commissions for booking sites and any other marketing initiatives.

Utilities •

Council rates: Coastal motels may include much higher council rates than an inland motel where the land value is not as high

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Electricity/gas: The costs of electricity have risen substantially over the past 10 years

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Land tax: Is land tax paid by the property owner, lessee or is it not applicable?

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Insurance: The cost to insure properties has more than doubled in some areas over recent years

Operating costs compound when not contained. Therefore, having an accurate cost base for the product or service being sold allows a business operator to be confident in the price of their sale

Each different accommodation business will have a different cost ResortNews | August 2021

increase the cost to rent

General services/facilities: A lift, trees and gardens, swimming pool, spa or sauna are all services/facilities that contribute to the cost base

Business operation

Property specifics •

is the furniture and fittings in? Does the high level of humidity require tiles rather than carpet? Are blinds or block out curtains required?

MOTEL MARKET

Measure the cost

price position and profit margin. MANAGEMENT

GOOD GOVERNANCE

How clean is “clean enough” in residential strata? One of the most common squabbles we hear about between caretaking services providers and their residential strata committee’s is centred around cleaning and this question: is the common property being cleaned properly? Expectations Australians typically enjoy a love affair with nice gardens and neat, tidy, and clean common property areas in residential strata complexes. Having a clean home and a nice garden is somewhat of a status symbol for a lot of us, so we typically want our homes to look the part. Having a dirty and unkempt environment tends to reflect negatively on the owners and occupants of a property, which might be perfectly fine for some people, but when sharing common property with a large

Lynda Kypriadakis, Diverse FMX

number of unique individuals, it is more likely that the majority of those individuals would prefer neat, tidy and clean over dirty, unkempt and dishevelled when it comes to the standard of care of the common property.

strata in Australia, save for the objective cleaning standards detailed in the ABMA Building Management Code, chapter 12.

and direction between the pages of chapter 12 of the ABMA Code.

Achieving acceptable levels when it comes to cleaning of common property is as much about managing expectations as it is about doing a good job on the cleaning. For caretakers and cleaning services providers that have won the trust and patience of their clients, the notion of “give and take” is usually highly effective.

Cleaning industry professionals will encourage residential strata cleaning services to observe the usage of “cleaning zones” to prevent cross contamination in cleaning.

Standards for cleaning common property

Quibbling about minor issues such as cleaning generally does not become problematic when the parties to the caretaking arrangements get along well, so a lot can be said for the power of effective communication and positive management of the client relationship.

Anyone who does their research will not find much in the way of measurable standards for cleaning common property in residential

For those that have lost the trust of their client and/or are new and still in the “winning them over phase”, you may find guidance

Cleaning basics

Basic cleaning zones include: •

Red zone: Higher risk cleaning, ie., toilet facilities, gymnasiums and bathrooms

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Green zone: Food preparation areas, eg., kitchens and Barbeques

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Yellow zone: Clinical and/ or infectious area cleaning, eg., high-touch zones for COVID-19 risk management

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Blue zone: Lower risk cleaning, eg., windowsills, general hallway areas, stairwells

Average booking costs only 3%: Read on! With a headline like this, I’m expecting my phone to be ringing off the hook with requests as to who is offering this deal. However, all anyone needs to do is unjumble the WHO and turn it into HOW. Unknown to most hoteliers, this impressively low cost of acquisition is achievable with minimal effort. By learning to communicate effectively with their guests and having the right software and PMS partner in place, concerns surrounding fees and online distributors commissions can easily be eliminated. In the “good old days” direct bookings were a rarity. Before Google existed, customers relied on travel agents to find and plan their perfect holiday. Emphasis was put on advertising

we also have plenty of new tools that simplify the processes. Using the Internet of Things and Smart Technology, we can enhance those tactics… All without the postage.

Sylvia Johnston, HiRUM Software Solutions

in magazines and brochures, and a chunk of your budget went to paying the agency. Otherwise, you were mostly reliant on walk-ins or returning guests to fill your rooms. These guests were enticed via letters (yes, with a stamp) to book again if they hadn’t already done so on departure. Today, although we still use many of those original tactics,

Implementing plans to achieve these low costs takes time, and we all know how easily time can get away from us. Most hoteliers are busy and don’t have the time or expertise to dedicate to their marketing strategy daily. Marketing can be overwhelming even for the most seasoned hotelier, and the immediate reaction is to engage the closest external marketing agency for help which often comes at a huge, fixed cost. However, no one knows their business like the business owner and therefore they are best positioned to undertake their own marketing. The right automated PMS tools from the

MANAGEMENT

right provider will make a world of difference in enabling instant, seamless communication with guests past and present, without the hotelier even lifting a finger. The goal to lowering the overall cost of acquisition to only 3 percent whilst increasing direct bookings, is to leverage the initial OTA booking into producing at least an additional 4 referral bookings at zero cost. So, what should a hotelier look for when embarking on the challenge of running a seamless marketing operation, at minimal cost? •

A PMS that has inbuilt Automated Guest Communication is critical. By eliminating add-ons such as Mailchimp, you reduce the risk of “data leakage” into the hands of third parties. Data is one of the most valuable assets to any business, don’t let it leave the PMS! ResortNews | August 2021

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White zone: Highly sanitary, usually limited to medical facilities

Different cleaning methodologies, chemicals, plant, and equipment are required for these different zones so cleaning services providers are warned to be wary of cross-contamination via the use of equipment across multiple zones. For example, you wouldn’t use the same mop or cleaning cloth on the reception area that you used for the toilet! Taking note of the different sanitary zones within the common property and ensuring the correct “fit-for-purpose” methodology, chemical(s), plant and equipment is being used is the first step toward cleaning success.

Measuring cleaning success Cleaning as a duty within a caretaking services agreement should be prescribed with the following information: •

Scope of the duty: The type, nature and extent of the cleaning duty to be done eg., mop the floor

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Location of the duty: Specifically, where the duty

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The inbuilt marketing tool must be able to entice customers to rebook at preferred rates, or book deals with incentives, without having to call the hotel direct. It should seamlessly push out promotions to anyone in the PMS database, incorporating unique links to enable the guest to book with the hotel in under a minute.

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The PMS must be able to capture numerous sources of information. A PMS should not only capture personal information but the source of the booking, the region and the company details. By capturing this level of data, a hotelier can create an automated set and forget marketing campaign that drives direct bookings back into the business. The rule of thumb is at a minimum the PMS needs seven source targets for conversions to flow through.

ResortNews | August 2021

is to be conducted eg., mop the entry lobby tiled floor •

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Standard to which the duty is to be performed: What outcome is required once the duty is performed eg., mop the entry lobby tiled floor daily to ABMA Code Table 12B, Hard Floors item #2

The ABMA Building Management Code has a comprehensive “Cleaning Standards Compliance” table within chapter 12. This table provides objective and measurable standards for determining whether cleaning has been done to the correct standard. For those who can consult the ABMA Code you will see there are three (3) standards to which cleaning can be assessed: •

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Frequency of the duty: How often the duty is to be performed e.g., mop the entry lobby tiled floor daily

Compliant upon completion: For instance, the cleaning has been done to the correct standard at the time of the cleaning task being completed. Acceptable between services: An acceptable accumulation of dirt has

occurred in between services

on skirting and other debris.

Non-compliant upon completion: The cleaning was done but it failed to achieve the objective minimum standard and is therefore non-compliant upon completion

Relying on objective standards to improve your client relationship

Delivery standard For the caretaker or cleaning services contractor delivering the cleaning duties, their responsibility is to ensure the cleaning service is compliant upon completion. For the tiled floor cleaning duty example above, this would mean upon completion, the tiled entry lobby floor is uniform in appearance, dry, free from spillages, removable stains, superficial marks, loose debris and tide marks up the skirting.

The opposite of an “objective” standard is a “subjective” standard. A subjective standard is usually based on someone’s biased opinion and can be manipulated or changed (depending on who is doing the assessment). Subjective standards are not impartial, justifiable, or measurable.

If the caretaker was being audited in-between cleaning events, the tiled floor area would need to be acceptable between services, which would mean: an acceptable level of debris and spillages arising from usage between cleans.

Objective standards on the other hand are totally impartial and lacking in bias. The best thing about objective standards is that both parties to the caretaking agreement can rely on the objective industry standard to support their point of view. An objective standard is principled and fair. It does not change depending on who is assessing the cleaning work. An objective standard is a standard that is fully justifiable, can be measured and most importantly, cannot be manipulated by either side.

To be considered non-compliant, the tiled floor would have a build-up of spillages, dirty patches, removable stains, superficial marks, tide marks

If any party is not sure about what the objective standard for cleaning services in residential strata is, consult the ABMA Building Management Code.

options at competitor properties along the way.

Operators should reach out to their current PMS provider today to discuss what inbuilt tools they provide.

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Use the booking form on the hotel website to allow customers to enter promotional codes. This enables the business owner to abide by rate parity rules whilst still offering a “hook’ to lure the customer in to book direct with them. The booking form should have best practice 3 clicks “look to book”, otherwise the consumer will get bored with all the options being shown to them

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It is critical to have a rate comparison booking engine on the hotel direct website. By displaying the pricing of many of the hotels other distribution channels, alongside their own pricing, customers are given confidence that they are getting the best price possible. This stops customers from “shopping and hopping” to get the best deal, and potentially finding attractive

MANAGEMENT

It is important to choose the right PMS product through an experienced industry partner with demonstrated effectiveness so that the hotelier can use their provider as a silent partner in their business. This will save the hotelier enormous amounts in distribution fees and external marketing fees. Instead, they can leverage off the experience the PMS provider brings to their business, all at no additional cost. Marketing campaigns to drive direct bookings take time and effort to set up but will yield 5-fold if structured correctly from the outset. Operators should reach out to their current PMS provider today to discuss what inbuilt tools they provide. Automated guest communication and marketing segmentation are the hidden gems within a quality PMS, don’t miss out on the opportunity to increase your bottom line and drive more direct bookings by not making the most of what you may already have.

Want to get the best deal on your next repaint? It might be easier than you think! Luckily, if you follow these 6 simple rules, you’ll have all the tools you need to choose a high-performance painting solution, without the high price tag. 1. Get a detailed, independent scope of works This may sound obvious, but you’d be surprised how often it’s skipped, leaving bodies corporates with 3 different prices for 3 totally different scopes of works! This often leads to frustration for all stakeholders involved as a clearly defined scope must then be created further down the track and quotes resubmitted. How do you get a scope of works? You could engage with a project manager; however, this often comes with a big price tag, and the scope tends to include a lot of frills which drive the cost of the job up, whilst providing little value to your end result. A more cost-effective way is to engage with a reputable paint supplier such as Dulux or Taubmans. They will be more than happy to assess your building and provide you with a tailored paint specification, which you can then pass on to your contractors. If you require a comprehensive scope for your repairs, you can simply scan the QR Code at the end of this article. It will ask you a few simple questions about what you see on your building and instantly generate you a free scope of works – without having to speak to a salesperson.

Rope access painters – Raffles, Mooloolaba

Items such as “access systems” may be included by one company, but slapped on later as hefty extra by another later on down the track when it comes time to do the job.

and improves your chances of getting the paint job you paid for – not the old “1 coat wonder.”

Don’t accept line items such as “concrete spalling repairs” on your proposal, unless the contractor has provided a detailed breakdown of the exact process that they plan on using to carry out the repair.

If you’re looking for longevity out of your paint work, you should avoid going with colours that are too dark – especially on areas exposed to direct sunlight. Darker colours absorb more UV, causing the pigments to break down much faster which results in premature fading.

It costs a lot more to carry out a repair the right way, so don’t get caught out by companies who are simply slapping a Band-Aid on the issue, which isn’t going to last.

3. Know who’s doing the job

2. Compare apples with apples

It can be much more profitable for a major painting company to contract out the work to the lowest bidder, rather that completing the works “in-house.” Whilst there is usually some oversight in the form of a project manager, it’s common for the quality of the work to suffer as sub-contractors look for ways to cut corners in order to meet tight budgets.

As the old saying goes “the devil is in the detail.” Pay attention to your inclusions, and perhaps more importantly, your “exclusions.”

Going with a company who manage their own internal painting staff ensures more accountability over the end result

4. Choose the right colours

Don’t want your building to look like a fashion disaster in 10 years’ time? Stick with lighter, neutral colours and avoid the urge to go with the bright, trendy schemes. Your future self will thank you!

5. Leverage rope access

6. Time it right Many common substrate issues increase in severity at an exponential rate. Whilst it might seem like a cost saving idea to prolong the paint job for another year; leaving remedial issues such as concrete spalling untreated can allow it to spread at an alarming rate. If there are budget constraints that prevent you from going ahead with a full repaint, speak to your contractor about spreading the scope out over several years, allowing you to nip urgent repairs in the bud now and paint later. If you’d like a FREE customised scope-of-works for your building, use your smartphone camera to scan the barcode below. It only takes 5 minutes to answer the questions, and puts you in control of your project!

Scaffolding and swinging stages can be costly and have a negative visual impact on your building. Abseiling is a great way to not only lower access costs, but also reduce the impact of the operation on your residents and guests. Improvements in rope access methods have paved the way for even complex repairs and largescale high-rise painting projects to be carried out entirely via rope.

MANAGEMENT

ResortNews | August 2021

New smoke alarm rules are lifesavers By Grantlee Kieza, Industry Reporter

New smoke alarm legislation is designed to make Queensland households the safest in Australia in relation to fire safety.

From January 1, 2022, the interconnected alarms, complying with the legislation, must be installed in all domestic dwellings leased and sold. Owners must ensure their property meets the requirements of the legislation which in many cases will involve the installation of more photoelectric smoke alarms into the bedrooms in addition to those currently required. And, from January 1, 2027, the alarms must be installed in all other domestic dwellings to meet the requirements for bedrooms, hallways and living spaces.

And there will be heavy fines to ensure that the new rules are enforced at each property.

When one alarm goes off, they all go off, giving everyone extra time to escape.

The new laws were introduced after a Brisbane man who lost 11 family members in Australia’s worst house fire told an inquest that a fire alarm was turned off at his home because it was too noisy.

Existing smoke alarms manufactured more than 10 years ago, as well as any smoke alarms that do not operate when tested, must be replaced with photoelectric smoke alarms that comply with Australian Standard 3786–2014.

Tau Taufa lost his wife, daughter, three grandchildren, his sisterin-law and her five children when fire tore through a highset home at Logan, south of Brisbane, on August 24, 2011. Mr Taufa said that years before the tragedy, the property’s smoke alarm on the ceiling in a hallway was deactivated because it had gone off. New legislation specifies that all Queensland dwellings will be required to have interconnected photoelectric smoke alarms in all bedrooms, in hallways that connect bedrooms with the rest of the dwelling, and on every level. Failing to comply with the new laws may result in a fine of $609.50 for each provision of the new laws that are not complied with. Danielle Haddow, the business development manager at Home Guardian Australia, which specialises in smoke alarms said the new rules had come into place to ensure owners put fire alarms throughout their properties. “The new Queensland Fire and Emergency Services legislation comes into place on January 1,

From that date they had to be installed in all new dwellings and substantially renovated dwellings.

Image courtesy of Home Guardian

Photoelectric alarms are smarter, alert the occupants earlier and save lives. 2022, to make owners upgrade to more complete coverage in a property. The government will be strict about the fines because of the importance to public safety. “The smoke alarms have to be photoelectric and you have to have them in all your bedrooms. “So, if you have a three-bedroom townhouse you need five alarms, you need one in each of the bedrooms, one in the hallway and one in the living area. Depending on the size of the living area you may need two. “We care about educating our clients whether they be onsite managers or property owners and we come out to properties to advise on what each property needs in order to be compliant under the legislation. “We don’t charge for that service.” Ms Haddow encouraged

landlords and property managers to act quickly to comply with the new legislation because if there is a rush at the end of the year as the deadline looms stock may become tight. Photoelectric alarms are smarter, alert the occupants earlier and save lives. The new laws that apply to landlords will apply to all dwellings by 2027. The QFES advises that even before that everyone should keep their alarms sparkling clean and test them regularly. If they don’t work or are more than 10 years old it’s time to replace them immediately with the latest equipment. The 10-year phased rollout of interconnected photoelectric smoke alarms in Queensland began on January 1, 2017.

MANAGEMENT

Within 30 days before the start of a tenancy in a domestic dwelling, the lessor/landlord must test and clean each smoke alarm in the dwelling. During a tenancy in a domestic dwelling, the tenant must test and clean each smoke alarm in the dwelling, at least once every 12 months. To test a smoke alarm, you simply press the “test” button – it’s as easy as that. Cleaning should be done according to the manufacturer’s instructions, which is usually vacuuming. You do not need to be qualified or licenced to clean or test a domestic smoke alarm. Some real estate agents may outsource smoke alarm maintenance to another company with associated fees paid by the landlord. The real estate agent may request a “certificate of compliance” from these companies as proof of service. This is not a legal requirement but may be part of the real estate agent’s internal process. Further information is available at the Queensland Fire and Emergency Services website. ResortNews | August 2021

OPINION

Managing social media channels Do you remember the good old days where communication was largely in person, via email or phone? How times have changed. According to Haworth Media, by 2025 millennials will make up the largest percentage of the global workforce, so whether we like it or not our audiences are now ‘hanging’ out on platforms like Facebook and Instagram to be entertained, to be educated and to research products or services prior to making a decision. We must also remember our competitors are also ‘hanging’ out on these platforms, so it is important to be present and active. Social media can be overwhelming with businesses believing they must be on every platform and in front of all audiences, however this could not be further from the truth. If we take short stay accommodation for example,

Tanya Rose, Marketing Manager, Nuvho

Facebook would definitely be recommended as a primary platform to create a business page. Facebook allows for blog sharing, offers, organic content, stories, video, boosted content and paid campaigns providing you as a business a variety of ways to engage with your audience. Before diving deep into social media, you need to set yourself some goals. If you don’t know why you are on a social media in the first place, then you have some

SPECIALIST EXPERIENCE IN MANAGEMENT RIGHTS

Over 40 years of service to the Management Rights industry, providing assistance in: Buying and Selling Ensuring Agreements Comply with the Law Agreement Negotiation with Bodies Corporate Representation to Licensing Authorities ‘Body Corporate & Community Management Act’ Advice Employee Dispute Resolution

questions that need answering. Most have heard of SMART (Specific, Measurable, Achievable, Relevant, Time-Bound) goals and this method should be used to Key Performance Indicator (KPI) your performance. Your initial goal might be to increase your followers by 10 percent each quarter on Facebook. This goal is specific because we have identified the platform and the metric. It is measurable as you can track your followers via the chosen platform’s native insights or via a third-party platform like Hootsuite. It is achievable as we only made it a minimal increase of 10 percent. It is relevant as our increase in followers will grow brand awareness and it is also time bound because it will be measured quarterly. You also want to identify your audience. It is important to know who you are speaking to when you publish content, so it resonates with them. You can have a look at who is already following you and find out why they are following you on social media. The most common reasons are to learn about new services, stay up to date, discover promotional offers and to be entertained. Create a content calendar and use a publishing tool. These tricks of the trade will keep you on task, consistent, and showing up when your audience is active and not doubling up. Having a

content calendar will allow you to plan your posts weeks, if not months ahead. You can easily mark when key holiday dates are such as Easter or Christmas or even awareness days such as World Tourism Day ensuring relevant content is scheduled. You can also plan for paid campaigns and create content in advance. Publishing tools then allow you to preschedule when and where you want to publish your content. A word of warning. If you do choose to schedule in advance, you will need to be across world events and changes within your business. For example, you don’t want a post published that promotes your hotel restaurant if they had to close due to renovations. Always remember to keep track of how your audience are engaging with your content and change it accordingly. Your audiences’ needs and wants can change. Social media is there to be social so don’t focus on selling, instead build relationships with your audiences, be a problem solver and most of all be human. Ensure your brand is relatable and authentic. If someone comments on a post don’t ignore them. Think of it like this, if someone asked you a question or provided commentary in person would you stare at them blankly? Of course, you wouldn’t. Be personable and provide acknowledgement. Interact with your audience and start a conversation.

For expert advice please contact; Paul Jones John Punch Phone: 5570 9327 Fax: 5539 8745 Phone: 5570 9322 Fax: 5539 8745 paul.jones@spglawyers.com.au john.punch@spglawyers.com.au Cnr Bundall Rd & Crombie Ave Surfers Paradise PO Box 5164 GCMC, Bundall, QLD 9726 Photo by John Schnobrich on Unsplash

MANAGEMENT

ResortNews | August 2021

INTONET

I am, are you? “Cogito, ergo sum”. Possibly one of the most famous quotes which translates from the Latin: “I think, therefore I am” a dictum coined by the French philosopher René Descartes in 1637.

A highbrow quotation because I bought a printer and had the dickens frightened out of me. I agree with Mr. Descartes and have spent my life hanging on to my firm belief that my actions will be in accordance with my thoughts and not dictated to by any or all sundry parties! Like you, I have set up many printers over the years and the process has always been very much the same and with that copious practice become predictable and ergo, simple. Not so this time! Lights flashed; things whirred but then nothing! Having exhausted all my hardware installation knowledge, I finally resorted to the web. I had hardly finished typing in the printer model number when a link popped up with the printer’s model name which simply said “Click Here”.

Arvo Elias, Cybercons

Obediently I did and more lights began to flash on the printer and a new image was displayed on my computer screen. Somewhat reassuringly it was an illustration of my printer alongside an arrow. But from thereon I was required to follow arrows on new illustrations which changed magically but in unison with noises and flashing lights emitted by the said printer. It was at that point I started to feel uncomfortable because not only was my printer being remotely scanned but it was also transmitting information back: but to whom? These magical screens took upon themselves to chide me when this specter discovered I had installed the ink cartridges obviously out of step with its decisions. Yes, I had when I first tried to get the thing to go! Yes, it had been my decision to do so!

Ransoms have been paid in the millions now and that will most certainly encourage the smaller minnows to attempt to go after smaller domains; that means small businesses and ultimately anyone with a recognizable profile.

ResortNews | August 2021

This could happen to you! So be aware of the possible consequences.

So, it was very clear that the remote ghost demanded that I cease thinking about what I was trying to do and just zombie like follow instructions from an unknown source. My concern was magnified because I was also trying to set the device up so that I could control it either via wifi and, or Bluetooth. And lo and behold, the system was designed to anticipate my wishes, recognize my other devices, acquire pass codes and have it all happened without my intervention or approval. That was dangerous stuff indeed! More so since Windows has had a backdoor coding flaw for many years; one which has remained unaddressed and allows a clever hacker gain access to any computer or device running under a Windows operating

MANAGEMENT

system. More worrying was that this flaw existed in the printer spooler code and that is exactly where my setup procedure was wandering around. Now I am not at all suggesting that a reputable hardware manufacturer was interested in hacking into my password protected applications or steal my bank account details; the point however is that anybody else could now copy and make use of the same code being used but with totally different intentions. This is the background story… Cybersecurity company Sentinel Labs stumbled across the vulnerability in the driver installation files for an HP printer. As the team set up a new printer in their office, the Process Hacker software flagged something strange.

5 ways to use your guest data for smart marketing By Victoria Peterson, HiRUM Software Solutions

When it comes to hotel or accommodation management, after revenue, the most important thing is data. In this current day and age that might not be surprising, but are you using your data to maximise occupancy, increase revenue and improve your guest experience? First things first, who actually owns your guest data? You or a third party? Guest bookings can drop into our hotel or accommodation business in a multitude of ways from direct, OTA, GDS, metasearch, wholesale and more. While having a thirdparty strategy is healthy and

There are a few ways to convert third-party data to direct data, one option is at the time of check-in. When the guest fills out the registration form, ask them whether they would like to join your mailing list by using a check box on the form. If they have opted-in for the mailing list, you can then add them to your database.

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necessary to compliment your direct booking strategy, is your reliance too heavy on third parties and are you missing out on invaluable data that they’re collecting from your guests? After you determine what data you own, next you need to grow your data capture as this will give you a bigger “data pool” to work with.

Third-party conversion strategy (data growing) As we mentioned earlier, you’ll most likely have a split of direct and third-party bookings. Your third-party bookings don’t allow you to own the guest data, even though they are your guest, at your property. Their data is the booking channels data. So how can you obtain that data?

The team discovered that a high severity vulnerability was present in the driver files. Digging deeper, they found that the flaw is common in HP, Xerox and Samsung printer software and has been used since 2005. It would be easy to assume that a 16-year-old unpatched flaw shouldn’t pose a security risk, as nobody has actively exploited it. That might be partly true, but hackers are now aware of it after simply reporting it to HP. The team explained that the driver software is installed on your computer whether you complete the setup process or not. When exploited, the driver accepts data without validating it. That means hackers use the kernel driver vulnerability to give themselves System-level privileges on your machine. From there, hackers can do what they wish with your machine. There is an answer for owners of HP, Samsung or Xerox printers who should download the patch made available Since it

Another way is to implement a third-party conversion strategy to make sure your guests see how appealing it is to book direct with you next time. This could be a direct-booking best-price promise, through a value-add, or anything that convinces the guest that booking direct with you is more appealing than a third-party. As this will then result in you owning their data. Get creative, have fun and remember beating a third-party price by 10 percent isn’t discounting your rate, it’s saving on paying commissions.

breakdown of victim payments in bitcoin to wallets linked to a dozen major ransomware variants. The payment figures can be broken down by ‘all time’, this year, this month, and this week.

Photo by Marcus Löfvenberg on Unsplash

affects hundreds of printers, it is generally a good idea to update the drivers even if you aren’t sure that your printer is on the list.

a recognizable profile. Some estimates for Australia suggest we have emptied our wallets to the tune of some $3.9m to-date.

The underlying story to all this is the issue of ransomware.

The global picture is worse.

The big boys are aiming at big targets which in the main have the capacity to seriously injure, if not cripple, nations. Ransoms have been paid in the millions now and that will most certainly encourage the smaller minnows to attempt to go after smaller domains; that means small businesses and ultimately anyone with

A security expert has launched a site to keep a publicly trackable record of bitcoin payments to key ransomware gangs, such as REvil. The ransomwhe.re site has been created by Jack Cable, a security researcher who works with, amongst others, the US Defense Digital Service. The Ransomwhere site is an open, crowdsourced ransomware payment tracker, offering a

MANAGEMENT

Ransomware attacks are on the rise and now the subject of debate between world leaders after attacks on Colonial Pipeline, meat processor JBS, and the recent attack against enterprise software management firm Kaseya, which saw REvil ransomware spread to dozens of managed service providers and over 1,000 of their customers. Across all time, the Mailto/ Netwalker ransomware leads the ransomware pack and is the leader with $11.3 million payments received. REvil’s total for 2021 could rise significantly if it receives the $70 million it demanded in the Kaseya attack. So, look out for the minnows and be careful of what appear to be automated systems which question your status of “I am”. ResortNews | August 2021

We have established five easy and achievable ways to use your data to grow your bottom line and improve your guest experience.

Include a voucher for a glass of red for them on check-in. Noticed that they always book an entry-level mountain view room? Upgrade them to the next room type FOC as a value add. Do they like to eat out, dine in or use the spa facilities? Create specialised offers to appeal to them specifically, and in turn encourage them to book direct. Keep in mind guest experience begins from the moment they book with you, and you begin communicating with them.

Now that you have that data here are five ways to utilise it Studies have shown that loyal guests stay longer and pay more. So, ensure you’re turning every guest into a loyal guest and make their stay memorable – for all the right reasons. As important as data is, the guest experience is what will retain the guests. Here are 5 ways you can utilise that data to retain guests. 1.

Geotargeting: Geo what? You can use your data to see the location your guests are coming from and then maximise your marketing spend. Are most of your guests coming to you from a drive-market (within 1-3 hours’ drive) perspective? Then stop wasting money on interstate or international advertising, and instead focus on building your base business by increasing your spend in this area.

Remarketing: During quiet periods you can use your past-guest data and send them an enticing offer to stay again. As it’s to a Closed User Group (CUG) your offer can be as sharp as you want it to be, as it’s not advertised publicly on distribution channels. Guest experience: Use your data to find out personalised information about your guests to improve their experience with you. Are they a red wine drinker?

Maximise revenue with trends: Does your historical

data show trends that you can use to forecast and maximise occupancy and revenue? For example, what is your average booking window? Use this information to strategically plan campaigns or offers to your CUG. Is your average length of stay (ALOS) short stay or long stay (over a week)? What can you do to extend short stay bookings? Look at historical data when a large event is coming to town and use it to help you set the right rate to maximise on occupancy and revenue. Was it a sell-out event last year? Did you fill early on due to demand? Then you can probably afford to lift your rates again this year. 5.

Guest sentiment: Data doesn’t have to be all numbers and stats. Online reviews can be a love/ hate relationship with accommodation providers. However, outside of responding to the reviews, the best way to tackle them is to use the reviews to your advantage. Use the positive ones to understand why

guests come to you (view/ service/location etc) and maximise on this. Share these great reviews on your social channels. Even the negative ones are valuable, use this information and understand your guest sentiment - if the slow WIFI repeatedly gets mentioned, it’s time to look at your WIFI to improve guest experience. Cleanliness or service letting you down? Collate the information and use the data to improve your property and service. To guarantee you are getting the most out of your data, it is important that you are using the right software for you. Ensuring that all your software is integrated seamlessly will give you cleaner and more qualified data to work with. Data can be overwhelming and daunting, but it is invaluable to your business as it allows you to deliver strategic and smart marketing. Take onboard what the data is showing and use it to your benefit, to always be one step ahead of your competitors.

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MANAGEMENT

TOURISM REPORT

Local support as interstate lockdowns rock Queensland

By Grantlee Kieza, Industry Reporter

Tourism operators across the state have had to continually adapt following a March lockdown in Queensland which was estimated to have cost Greater Brisbane alone $415 million. Forward bookings for hotels and resorts in Queensland have gone off a cliff as NSW and Victoria especially, continue to grapple with the Delta strain of the virus and Australians are masked up everywhere. Destination Gold Coast CEO, Patricia O’Callaghan said that tourism operators and hoteliers in her region were continually adapting their business models in an ever-changing environment. Ms O’Callaghan said interstate hotspots and border closures had a significant impact on the recovery for an industry that had been devastated by the COVID pandemic.

Lockdowns around Australia continue to play havoc with accommodation providers in the Sunshine State, though many are fighting through with support from fellow Queenslanders.

“We saw a volume of interstate cancellations resulting from these announcements compounded by the fact that operators weren’t able to fully capitalise on the winter school holidays,” Ms O’Callaghan said. “These are challenging times and we have seen our 4,600 tourism businesses flex and adapt over the last 18 months, but they need continued support. “It was certainly positive news to see South Australia and Victoria emerge from lockdown (recently) and we hope to welcome these key visitor markets back swiftly when restrictions further ease as the Gold Coast is a sought after destination for them during winter.” Visit Sunshine Coast CEO Matt Stoeckel said the

ongoing uncertainty around travel restrictions continued to have a huge impact on traveller confidence and bookings for Sunshine Coast tourism businesses. “Our industry continues to navigate our way through these disruptions, but they are taking a toll, with operators feeling the loss of our interstate markets,” Mr Stoeckel said. “We have lots of activities in the pipeline to attract our interstate markets back to the Sunshine Coast once they are again able to travel to Queensland. “In the meantime, we are focused on attracting Queenslanders to come and holiday on the Sunshine Coast.” Attracting Queenslanders

TOURISM

to the Coast has been a winning strategy for Tracey Harris, of the Caloundra Holiday Centre. Ms Harris said Queenslanders had provided great home-grown support for her business – which leases holiday homes and apartments. The booming property market in her region meant stock had been reduced from about 180 properties to 140 but Queenslanders were following Premier Annastacia Palaszczuk’s plea to support local accommodation providers. “Many holiday property owners up here are selling up because prices are so great – they’re probably getting $300,000 more than they would have 12 months ago so that has put pressure on us as far as the availability of stock is concerned,” Ms Harris said. “But we are getting great support from the drive market with people coming from Brisbane rather than travelling elsewhere in Australia. “Our occupancy rates are also helped by the fact a lot of people are selling up in Sydney and Melbourne and moving to the Sunshine Coast so they need somewhere to stay while they look to buy a house or an apartment. ResortNews | August 2021

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“A lot of Victorians who were holidaying here now have to stay because they can’t drive through NSW to return. They either have to leave their car and fly back or wait for the lockdown in NSW to end.” Ms Harris said New Year’s Eve properties on the Coast had been booked out by February when in a normal year there would still be vacancies as late as September. “People just didn’t have the confidence to book for the Sydney celebrations as they might have done in other years,” she said. “So they are all looking at staying local. “Queensland people are supporting Queensland accommodation.”

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Mr Stoeckel said with many interstate markets unable to travel to the Sunshine Coast, operators have had “extensive cancellations” for the winter holiday period. “This is not only going to impact our accommodation providers, but our tours, our attractions, our restaurants and our small businesses, which rely on the influx of holidaymakers during the school holiday period,” he said.

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“Our industry is dependent on our interstate markets especially over this winter period and it will take some time to recover from it.

To find a Preferred Supplier see the directory in the back of this issue

But Ms Harris, also a Caloundra Tourism committee member, said her operation had suffered from many cancellations.

“But in the meantime, the tourism industry is focused on doing their part to implement the advice from the health authorities, and help to get us into a position to welcome visitors once again.

“We had quite a number of bookings, as did others in and around Caloundra, from people attending the Australian Table Tennis Championships (Caloundra Indoor Stadium in July) but this was cancelled, so they could not come.”

Queensland Tourism Industry Council chief executive Daniel Gschwind said if governments continued to lock down, there would need to be more discussion around support for the industry, which had been hammered by the pandemic.

There were also many additional cancellations linked to the Nissan State Age netball carnival, being hosted by the Sunshine Coast.

He said tragically, Queensland’s last lockdown was in the school holidays, while the previous one was just before the Easter school holidays.

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TOURISM

EVENTS John Mahoney from legal firm Mahoneys: Service Provider of The Year

Karen Nelson from Lanai Riverside Apartments in Mackay: Resident Manager of the Year Award (mixed accommodation)

ARAMA TOP Awards for 2021

Photography: Dylan Webber, Director, Video Domain

Resort News and AccomProperties attended the biggest industry celebration of the year, the ARAMA TOP Awards for 2021 held in the Victoria Park events centre, Brisbane. It really was a spectacular night that offered live music, chatting, presentations, dinner and dancing in a truly beautiful venue. Thank you to ARAMA CEO Trevor Rawnsley who gave the industry exactly what it needed; a chance to meet up with peers and party, in what has been a very challenging year. Our own Stewart Shimmin was also very honoured to present an award on the night. Georgina Bishop from Newstead Terraces, Brisbane: Resident Manager of the Year Award (long-stay)

We congratulate all the worthy award winners and well done to all the nominees who were of a very high calibre.

Eric Van Meurs, from Atlantis Marcoola: Life Membership Award

Michael & Karen Cross from Dorchester On The Beach, Gold Coast: Resident Manager of the Year Award (short-stay)

EVENTS & APPOINTMENTS

ResortNews | August 2021

ARAMA’s outstanding performers, 2021 Top Awards

ResortNews | August 2021

Nathan Eades from Resort Brokers: Sales Broker of The Year

EVENTS & APPOINTMENTS

What about “Women in”? Marisa Millane reported: “The Christmas in July event was held at Fu Manchu on Chevron Island offering an Asian fusion menu. We had a fun game of secret Santa with a twist, the hit gift of the day was a beautiful candle that went through numerous hands. “It was great to see so many new faces in the room, this is what “women in” is all about, meeting new friends and connecting with like-minded women, we are all in the same industry, we are one and the continued support of each other really does make a huge difference. “We look forward to our upcoming luncheons in Brisbane on September 3 and in Gold Coast on September 15 please go to www.womenin.com.au for details.”

EVENTS & APPOINTMENTS

ResortNews | August 2021

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ResortNews | August 2021

DATE

Tuesday, 17th August 2021 Wednesday, 18th August 2021 Thursday, 19th August 2021 Tuesday, 7 September 2021 Wednesday, 15 September 2021 Tuesday, 28 September 2021 Tuesday, 28 September 2021 Thursday, 7 October 2021 Wednesday, 20 October 2021 Wednesday, 27 October 2021 Wednesday, 3 November 2021 Thursday, 4 November 2021 Tuesday, 9 November 2021 Wednesday, 10 November 2021 Tuesday, 16 November 2021 Wednesday, 17 November 2021 Tuesday, 23 November 2021 Monday, 29 November 2021 Wednesday, 1 December 2021 Tuesday, 7 December 2021

TIME

6:00pm - 9pm 6:00pm - 9pm 6:00pm - 9pm 11:30am - 2pm 11am - 12pm 8:30am - 4pm 4:30pm - 6:30pm 6:00pm - 9:00pm 11am - 12pm 8:30am - 4pm 6:00pm - 9:00pm 6:00pm - 9:00pm 6:00pm - 9:00pm 6:00pm - 9:00pm 6:00pm - 9:00pm 6:00pm - 9:00pm 6:00pm - 9:00pm 8:30am - 4pm 11am - 12pm 11:30am - 2pm

EVENTS & APPOINTMENTS

LOCATION

Kedron Wavell Southport Sharks Maroochy RSL Nighjar Burleigh Heads Register Online Riverside Hotel Riverside Hotel Byron Bay Services Club Register Online Riverside Hotel Kawana Surf Club Surfers Paradise SLSC Lanai Riverside Apartments Toscana Village Resort Oaks Port Douglas Brothers Leagues Club Colmslie Hotel Riverside Hotel Register Online TBC

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Open Open Open Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon Opening Soon

EXCLUSIVE MANAGEMENT RIGHTS PURCHASE OPPORTUNITIES TUGUN • • • • •

Absolute Beachfront - Iconic Location Figures are actual COVID trading and show good increase year on year Great complex amenities and features Solid Letting Pool (52 out of 74) Rare large “North Facing” 3 bedroom managers unit

NETT PROFIT $452,808

TOTAL $3,385,000

BURLEIGH HEADS • • • • •

World Class elevated “North Facing” Oceanfront views (The very best on the Gold Coast) A solid performer year on year with good growth potential No complex amenities and minimal grounds (Easy to Maintain) Tower style building with internal lift (No stairs) Ideal husband and wife team operation

NETT PROFIT $194,938

TOTAL $1,860,000

MAIN BEACH • • • • •

Income $428,331 (Great post COVID growth potential) Excellent amenities for guests, plus local restaurants and attractions Large 3 bedroom 2 bathroom Managers unit Solid mixed holiday and permanent letting pool with growth potential Tower style building, very little facilities and easy to maintain

NETT PROFIT $428,331

TOTAL $3,398,500

SOUTHERN GOLD COAST • • • • •

Solid existing long-term, small number of short-term units in the letting pool Long 25 year agreements (25 Years to run) Substantial salary $335,178+ Stong net profit of $589,266 Perfect building for an experienced management couple/team/syndicate

NETT PROFIT $589,266

TOTAL $4,725,000

CHARLES NURSE

LARRY SEBURN

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Lammermoor Beach - Yeppoon Strong forward bookings Resort style facilities Close to all amenities 3 bedroom manager’s residence Rare opportunity

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Permanent complex Minutes to Robina Town Centre Caretaking only Low demand duties Renovated residence Ideal ﬁrst time opportunity

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Varsity Lakes permanent 26 in the letting pool Low maintenance lawns & gardens No set ofﬁce hours Pet friendly 3 bed, 2 bath residence

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Noosa Lakes Resort

Raes of sunshine in the industry

By Grantlee Kieza, Industry Reporter

The Rae family have been leading figures in management rights for almost 30 years. Grantlee Kieza put Ryan Rae the manager of Noosa Lakes and Noosa Blue in the hot seat to talk about his life in the business. How did you start in management rights? My parents, Ken and Maureen, had their first resort in 1994, the Cairns Golden Sands at Yorkeys Knob. They moved to Noosa about five years later and since then we’ve had a large variety of properties in Noosa and Brisbane, either myself personally or through my family.

What influenced your parents to go into management rights? They holidayed in Noosa a lot and in the early ‘90s they bumped into a local agent. My father was looking for new opportunities at the time and the agent asked, “have you heard of management rights?” It started from there. Originally, they wanted to come to Noosa but the property they were after fell through, and we ended up in Cairns.

There are worse places for a kid to grow up than a tropical resort?

Noosa Lakes Resort

It’s a beautiful place but it was a difficult time back in those days before the internet, and it could be tough work. The distribution was more challenging back then. Dad used to pack up the car and head down the East

PROFILES

Coast dropping in brochures to travel agents - that was the way people did things in those days. I worked on the reception desk in Cairns and then I did my business degree from 1998 to 2001 at the University of the Sunshine Coast. Literally, I was straight out of university when my parents bought management rights on Hastings Street at Noosa. The property was called Maison La Plage Resort, which has now been rebranded as Maison Noosa and myself and my now wife Natalie moved in to run it. That was December 2001.

Then you had a career change? We ran Maison La Plage for a few years. One of the founders of Wotif was holidaying at the resort. He suggested I come and work for him. I was still young and looking to expand my horizons, so I decided to move to Brisbane. I ended up working at Wotif for almost seven years until 2011 and it evolved into heading up the entire hotel division for the company.

Meanwhile, your parents moved to Brisbane and acquired three sets of management rights? They said they were looking to step back a little and would I come on board and run the family business so that’s what I did. The properties were Evolution Apartments, the Central Brunswick Apartments and the MacArthur Chambers building (the headquarters where American General Douglas MacArthur directed the war in the Pacific during World War II). They opened Evolution off the

ResortNews | August 2021

plan, a 176-apartment high rise building. In the process, I also acquired another two properties myself, so we ended up having five properties. Mine were Soho and Greenwich on Cornelia. They were both permanent complexes in South Brisbane.

So, you were managing a lot of rooms at this stage? It was getting close to 500. We had a fairly big staff team, with many great people who

really helped, but I still got a lot of grey hairs early on. We got to a point of expansion where (in my opinion) you have to go really big, or you hit the ceiling. We did explore going really big, we talked to a number of industry people and considered being absorbed by another business such as BreakFree. In the end we decided that my parents were getting older, and they wanted to think about downsizing rather

than upsize, to simplify their lives. Around 2015 we made the decision to wind back and I sold my management rights. We have three young kids, and my wife and I decided we would probably prefer to raise them in Noosa instead of Brisbane. I acquired another management rights at a property called Noosa Place Resort and we had that for about three years. At the same time, I was still running the Brisbane

operations for my parents, but progressively they sold all three.

Then you took a break from the industry? Yes, I tried my hand at retail in 2018-19. I ran the Athlete’s Foot retail store in Noosa with the view to buying it, but the company took a bit of a shift, moving away from a franchise model to the corporate-owned store model. After I increased the store’s profit by 30 percent, they didn’t want to sell it anymore!

Specialising in management rights and other accommodation business syndicates

Trent and the team are proud to have acted as the legal advisors for Ryan Rae and Partners on the purchase of Noosa Lakes Resort Management Rights.

Work with the firm that delivers nationwide, industry leading transactional services and advice across all accommodation based business types. Helping hundreds of resident managers and operators each year to acquire, sell, protect and grow their business. Phone: 07 5562 6111 After Hours: 0412 092 969 www.pevylawyers.com.au ResortNews | August 2021

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We are delighted to have Ryan Rae and Partners as a valued client. Best wishes from Mike and all the team.

How did you end up with Noosa Lakes and Noosa Blue? After Athlete’s Foot, I went to work at a body corporate management company, which was owned by a friend of mine, who is also a triathlete. I was working away there minding my own business and Mike Phipps, who’s been in the industry forever, and Barry Davies, who’s also been in the industry forever, were putting together a partnership group to acquire Noosa Blue and Noosa Lakes. They needed a managing partner. We were due to take over in November 2019 at both properties but due to the size of the transaction and with multiple partners involved the transaction was delayed.

Running a shoe store is a big change to overseeing 500 rooms in the accommodation sector? I’m a mad keen triathlete so that’s where the interest came from. During my time at Wotif, I was sitting at a desk all day and a guy I was working with said ‘we should start running’. Then

the running turned into ‘hey, we should start swimming’ and it progressed from there to where it’s just a part of life. My dad does triathlons as well. I did the Hawaii Ironman with my dad.

We eventually took over on January 14 last year. We had one full month of trading in February and then COVID hit.

He thought he was going to retire but instead you got him doing triathlons?

Not much of a welcome back. What’s your advice to someone starting out in the industry?

Not me! Mum makes him do it, so he stays out of her hair.

I’ve had a love hate relationship with the industry because

PROFILES

you have very high highs, and you can have very low lows. You’ve got to appreciate the highs and work through the lows because you are going to have days where you question everything about the job and the role and why you’re putting yourself through the stresses that come with being a resort manager. But the very next day it could be totally different. You must look at the bigger picture rather than individual days. What stresses me out the most are changes that occur to the business that are outside your direct control. You have to accept that there are some things that you can only influence but you cannot control. Then there’s external factors such as COVID and airline strikes, there are multiple issues that have affected the industry throughout the years. But the highs in the industry are tremendous.

What do you see as the future of the industry? I think the industry is generally behind the eight ball when it comes to technology. I’m not a tech guy but I’m always investigating ways we can improve the guest experience.

ResortNews | August 2021

Technology is constantly changing… now there are phone apps that act as a room key to help when guests arrive late. I was running the property in Hastings St, Noosa when the internet started to become a big thing in the early 2000s. I think across the board the professionalism in the industry and the expectations of onsite managers and resort managers

has lifted substantially. Not only investors but body corporates and committees have higher expectations, and that’s a good thing because it’s moved the industry forward. The management rights industry attracts people to it who are motivated to pursue improvements and strive to do better.

10% discount for Resort News readers when booked direct

Talk to someone who understands your business. Steve Austin

Sunshine Coast

Management Rights Specialist Gold Coast

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Management Rights Specialist

Amanda Norling

0408 776 067 0438 628 840

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Richard Smith

Management Rights Specialist

0407 632 612

(07) 5447 1400

3 Hilton Terrace, Tewantin Qld 4565 Suncorp-Metway Ltd ABN 66 010 831 722 AFSL No. 229882 (“Suncorp Bank”) 22527 22527 25/01/19 A

ResortNews | August 2021

PROFILES

info@noosalakesresort.com.au

www.noosalakesresort.com.au

Noosa Lakes and Noosa Blue:

How this sizable management rights transaction was completed

Images: Noosa Blue Resort

Lakes also came on the market, and it was owned by the same vendor. We recognised this was a substantial business opportunity.

By Mandy Clarke, Editor

Ryan Rae knows that buying a business is one of the most important financial decisions anyone can make, therefore in 2019 he partnered with the best in the industry to acquire the management rights of Noosa Blue and Noosa Lakes. Ryan, an impressive and experienced operator worked with Transaction Management Consultants (TMC) to invest and become the group’s managing partner. TMC was formed some years ago by industry experts Tony Rossiter and Mike Phipps, after they identified a need to offer expert help to management rights buyers. Tony Rossiter is a partner at the industry accounting firm Holmans, while Mike Phipps

“For this acquisition we needed an exceptional operator/investor and thought of Ryan Rae. He accepted the role and was happy to invest. He has been a phenomenal managing partner and I wish we could clone him!”

Ryan Rae

is the Managing Director of a leading accommodation industry finance brokerage. Since its inception TMC has assisted in the assessment, negotiation, and purchase process of many management rights businesses throughout Queensland. “The aim of TMC,” Mike Phipps

said: “Is to simply manage interesting opportunities with people who want to have an interest in a management rights business.” He went on: “With this transaction we found the Noosa Blue property first, we knew the property well and it sparked our interest. Noosa

PROFILES

Once the property and operator were identified TMC analysed how the transaction would work and managed the purchase process, which included discussions with the vender and a negotiated agreement on the price and the contract terms. Then the investor group engaged Pevy lawyers to complete the legal due diligence and partnership agreement and Peter Brewer for financial verification. Mike said: “The people who approach us are mostly management rights industry ResortNews | August 2021

people, as that is our preferred model. The group worked together to successfully acquire both assets.” He explained: “TMC is approached on a regular basis by people who know that management rights businesses are a very worthwhile investment. Our typical investor is usually involved in the industry in one way or another but does not want to be an operator. They want to put money into management rights as a silent partner.” When putting these acquisitions together TMC is very thorough. Mike revealed: “We are very careful when selecting an operator because it is vital that the person is qualified and has strong industry skills. We also like potential partners to be able to invest their own finances in the business. “The investors should have personalities that complement each other, because we aim for the group to be harmonious. Our many years of industry experience help with this very important part of the process.” TMC not only assists the group in the initial stages, it manages all the moving pieces through to settlement. It is also there to help with any issues post settlement. Mike has not personally invested in this particular partnership

ResortNews | August 2021

but says he wishes he had because it is going so well. He confirmed: “This has been a sound investment for the group. First, both the properties are excellent and in fabulous Noosa locations. Second, the management team is harmonious, and finally Ryan is an exceptional operator. Ryan Rae is a true industry professional; he understands the business and what is required.” Mike has significant investments across a wide range of properties in the management rights industry. As an investor himself he is very keen to see returns maximised and costs kept to a minimum. As Mike observes “The TMC process is focused on value adding and mitigating erosion of value risk”. He said: “When it comes to management rights. I am not just someone who advises, I put my money where my mouth is. “Right now, I have never seen the management rights market so buoyant, especially on the Sunshine Coast. We are constantly approached by people clamouring to get into the business in this location, and even have approaches from interested international investors.

On behalf of Transaction Management Consultants Tony Rossiter and Mike Phipps would like to extend our congratulations to Ryan Rae and Partners on the acquisition of Noosa Lakes Resort and Noosa Blue Resort. We are delighted to have been of assistance.

“Management rights is an investment like no other. It is very appealing.”

PROFILES

CASE STUDY

The solar resort:

An industry game changer

By Mandy Clarke, Editor

Progressive. Proactive. Forward thinking. These three traits can be attributed to Noosa Lakes Resort body corporate and onsite management team after the implementation of a resortwide solar solution that sets the standard for resort, strata and body corporate entities, both now and into the future. Noosa Lakes Resort sits on the banks of Lake Doonella, just metres away from the pristine Noosa River and Noosa Marina, it’s one of the most idyllic environments in Australia. The resort is about to become carbon positive, and this project could revolutionise how the whole industry looks at renewable energy. Manager Ryan Rae explained that the Noosa Lakes Resort solar project was in the planning stage for over two years before installation began and is now almost complete. He said the project was the brainchild of one of the resort’s body corporate committee members, Ian Wright. The solar idea was spearheaded by a persistent Ian, who spent

many hours researching, and planning the project.

The project… Noosa Lakes Resort has installed over 400kW of the planned 550kW solar system. When complete in August, this project will form the largest installation in the Noosa Shire, more than doubling the size of the next

largest project. The renewable energy project has been modelled to offset 125 percent of the resort’s carbon footprint based on historical energy use of the resort and divert money that was going to electricity retailers to the body corporate sinking fund, benefiting all members. The driving force, body corporate member and Noosa Shire local

PROFILES

of 16 years, Ian Wright responded to questions about the project…

Why was it undertaken? Sustainability: Noosa Lakes Resort is focused on improving sustainability. Ryan Rae and the entire onsite management team have been working tirelessly to increase the resort’s sustainability credentials ResortNews | August 2021

by harvesting rainwater, implementing electricity usage savings through timers and LEDs and introducing more native plants, for starters. Therefore, when an owner came to the body corporate to seek approval for a solar system, it occurred to me that the body corporate should investigate the opportunity to utilise the body corporate owned asset (the roof) to the benefit of all owners. Revenue: Solar is great for the environment, but it has also proven time and time again to be an exceptional revenue stream. After considerable research, innovative ideas and careful electricity retailer selection by the chosen solar design and installation company, Home and Energy, the body corporate is projected to achieve a 20 percent return in the first year! Other positive benefits that were not initially considered are: •

•

Solar panels reduce heat gain and make the properties cooler in summer; The increased revenue will have a positive effect on profitability for

owners and sale values via reduced annual body corporate levies.

Which solar retailer did you choose and why? The most important part of this process was applying appropriate due diligence in selecting the solar retailer. First, they had to be an approved solar retailer and Clean Energy Council Accredited company. I can’t overstate how important it is to find the right solar retailer. We initially went with a Brisbane based company that on paper seemed to tick all the boxes. Unfortunately, we didn’t know what we didn’t know and after one year of planning it became apparent that we needed to find a new solar retailer. Fortuitously Zero Emissions Noosa and Tourism Noosa were running a “Solar for Strata” conference. One of the panelists was from local company Home and Energy. Home and Energy, were backed with strong recommendation from other iconic Sunshine Coast businesses. They worked closely with the body corporate, understood the complexities of the project and aligned with our

sustainability goals. They also had the resource and knowledge to go above and beyond your ‘run of the mill’ solar offering to provide a solution and service that exceeded all others. Now that we are halfway through the installation, I am aware of just how much effort it takes for a solar retailer to deliver an exceptional experience and outcome. I commend Home and Energy for their commitment to this end.

Equipment choice? We wanted to install equipment that not only met the resort’s current energy needs but also our future energy needs. Consequently, we selected equipment that was able to integrate with electric vehicle chargers, had the ability to control the operation of equipment to best utilize the energy available and was able to be integrated with batteries in the future. The equipment that Home and Energy put forward is way ahead of the pack when it comes to this level of future proofing. It also provides a level of monitoring and ease of maintenance that was unrivalled and allowed the time-poor committee members to not have to worry about the maintenance of the system as it essentially maintains itself with alerts, panel level monitoring, quarterly reporting and a level of longterm performance that other systems could not promise. The technology of the system also gave peace of mind with its inbuilt rapid shutdown feature in the event of fire or fault.

ResortNews | August 2021

PROFILES

Lessons learned? While diverting funds from the electricity retailers to the sinking fund is clearly a nobrainer, a successful project requires a lot more than sticking some panels on the roof. It has been a journey to say the least through finding the correct business model to suit the body corporate and then establishing the required legal framework, solar design and modeling, retailer and equipment selection, energy retailer selection, Energex and clean energy council compliance to name a few of the hurdles. But we have done it, it can be repeated, and I implore other Body Corporate Committees to begin looking at the viability of solar for their roof space. Andrew Davidson, Director Noosa District Body Corporate wholly agreed with Ian. He said: “The Team at Noosa District Body Corporate Management were proud to be able to support and assist the Noosa Lakes Resort Committee, lead by Ian Wright to undertake this major initiative. The project was complex, however the successful implementation was due to a collaborative approach taken by the Noosa Lakes Committee, The Noosa Lakes On site Management Team and the Team at Home and Energy.”

For more information about your properties solar requirements please contact 07 5403 7069 info@homeandenergy.com.au homeandenergy.com.au

Samarinda Jewel-by-the-Sea:

Managers drive success

Samarinda Jewel-by-the-Sea holiday apartments.

By Mandy Clarke, Editor

As latecomers to the management rights industry, and after a long career in the motor trade, Angela and Barry Stubberfield are now delighted to be managing the Samarinda Jewelby-the-Sea holiday apartments. The property is perfectly located on one of Queensland’s most pristine Islands.

Angela opened up to Resort News about her and Barry’s journey from running their busy Brisbane car yard business for some 32 years, to now managing a premier holiday resort at Point Lookout, Stradbroke Island. She revealed: “My husband Barry was involved in the car industry from 1976. He held senior managerial positions for both the Bryan Byrt Ford franchise and later with the AP Eagers Group, he resigned in late 1988 with a desire for us to open our own business. So, in 1989 we formed a company to sell late model used

cars and with all four of our adult children still to this day heavily involved in the motor trade we really are a motoring family.” With family members already living on the island Angela and Barry had been mulling over the idea of moving to Stradbroke Island for some time. Then, out of the blue they received an offer to buy their business, they saw this as a golden opportunity to do something about it. The business was sold and the journey into management rights began. An important part of their

PROFILES

decision to move was that Stradbroke Island was already in their hearts. Angela fondly recalled: “In the mid-seventies when our kids were young, we visited ‘Straddie’ often for family holidays, sometimes with friends in tow. We enjoyed many adventures around and within Stradbroke Island for many years.” It was unfortunate timing when Angela and Barry entered the accommodation industry as it was just before the COVID virus hit.

ResortNews | August 2021

Samarinda Jewel-by-the-Sea Holiday Apartments

We are reaping the benefits with more people than ever before wanting to travel locally and come to the island.

Angela told us: “We took over about four or five months before COVID arrived, it was early February when I noticed we were beginning to get a lot of cancellations. Up until then we had been busy with lots of bookings particularly from Europe and Asia. Then, as we all know when lockdown began, business ceased altogether. “The whole island shut down. Even people who owned houses here couldn’t come over. You could travel back and forth for shopping if you lived here but that was it. “That lasted for some four months, but we got through it and now we are reaping the benefits with more people than ever before wanting to travel locally and come to the island.” Angela is happy with her and Barry’s decision to purchase the business, particularly with how the complex sits in relation to the ocean views. She said: “This property is ideally suited to domestic travellers because everyone is looking for a break, but they can’t go overseas. With Stradbroke being a mere 45-minute journey across the water from Brisbane but a world away with its beauty, peace and quiet, it makes sense for them to want to come here. I think the demand was already building for Stradbroke before COVID but is now even more popular for those concerned about their holiday breaks and wanting to stay local.” The resort, once popular with Chinese visitors is now getting a lot more interest from around the globe, with bookings ResortNews | August 2021

even coming from Sweden, Switzerland, Spain, and the UK. Angela said: “We have guests booking two years in advance. I suppose, they don’t want to miss out when the borders re-open.”

Phone: (07) 3409 8785 reservations@samarinda.com.au 1-5 Samarinda Drive, North Stradbroke Island, Qld 4183

Angela’s opinion on purchasing a management rights business is that it is a great opportunity. She advised: “There are always opportunities to create further business when you put your mind to it, but one of the greatest attributes you can have is the ability to make people smile. You have so many opportunities in a day to make your guests feel comfortable and to make them want to come back.

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“People coming into the management rights business must realise that they have to work at it and push the boundaries at all times. We always try to farewell guests when they leave, to remind and encourage them to book direct next time, rather than use an OTA if that had been the case this visit.”

RELIEF MANAGEMENT

Angela and Barry, being big supporters of the book direct campaign pointed out: “If people knew how much they could save just by booking direct they would not use the online travel agencies. However, for some, the reasoning might be that they think booking online is cheaper. We guess the power of advertising and marketing always swings in. “Hopefully, in the long run, the message to book direct will reach more and more people.”

(WQ) West Qld (CQ) Central Qld (VIC) Victoria (NSW) New South Wales

• Puma, Hirum, REI Master, Satin, RMS and Motelier Experience • Prepared to Travel • 17 Years as a Relief Manager • Previous Owner Operator of M/Rights Area of Service

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Red

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w w w. L M g o l d s t a r. c o m . a u

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Phone (07) 5446 2135

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Year 2+ $599 Year 2+ $440

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www.rcabusinessbrokers.com.au

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Matt Campbell 0410 343 219 Barry Davies 0438 554 995

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CONTACT ANNIE MECKLEM 0410 607 846 | 1300 GIGABYTE

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LIGHTNING PROTECTION

Andrew Morgan m 0417 608 041 p 07 4953 1611 | w qthb.com.au

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MOTELS, CARAVAN PARKS, HOTELS & MHE’S NATIONAL COVERAGE sales@tourismbrokers.com.au 1300 512 566 www.tourismbrokers.com.au

PREFERRED SUPPLIER DIRECTORY

info@resortsales.com • www.resortsales.com

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SPECIALIST AGENTS COMMITTED TO MAKING EVERY DEAL A SUCCESS

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Think Management Rights Wayne & Linda Stoll 0452 181 505

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SOLICITORS

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programmed.com.au

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BRISBANE: 07 3007 3777 GOLD COAST: 07 5562 2959

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www.amalgamatedgroup.com.au info@amalgamatedgroup.com.au

PREFERRED SUPPLIER DIRECTORY

SAVE TIME DO IT ONLINE! ResortNews | August 2021

Whatever, Wherever, Whenever! Management Rights, Body Corporate and Property Law Specialists 10/1 Lanyana Way, Noosa Heads T 07 5474 5777 E info@siemonslawyers.com.au siemonslawyers.com.au Buying & Selling

New Agreements or Variations

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Management Rights Lawyers

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Noosa 5449 7855 | Maroochydore 5443 2111 Caloundra 5438 1588

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T: 07 5390 1400 www.gplaw.com.au

Alex McCowan 0417 405 115 or Alison Sun 0416 181 285 admin@accomvaluers.com.au

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PREFERRED SUPPLIER DIRECTORY

RTO Number 31303

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