Remedial notice - QLD - PropertyInvesting.com

Viewing 6 posts - 1 through 6 (of 6 total)

lukebe2
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@lukebe2
Join Date: 2004
Post Count: 20
October 19, 2011 - 11:28 am
Hi – I contacted the QLD BCCM and they stated that the act was written in a way that solicitors are not required to issue a remedial notice to a caretaker. I believe I included everything that was required in the remedial notice that the act required.
Does anyone have an example of one that I could look at?
I don't want to issue mine and then find out it's not legally valid because, for example, I didn't put it in red writing.
Thanks
Terryw
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@terryw
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Post Count: 16,213
October 19, 2011 - 11:51 am
Luke,
What are you talking about? More detail needed. there are hundreds of acts, whats the name?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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lukebe2
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@lukebe2
Join Date: 2004
Post Count: 20
October 19, 2011 - 8:00 pm
Sorry Terry it was getting late and I was lazy. The accommodation module 2008 states what is needed in a remedial notice to a caretaker. So I Made up my own remedial advice based on the rules but was after an example so I can compare to mine. Or get someone legally minded to have a look. I would approach a solicitor but my question is not worth their time and I have found I’m too small for them to bother replying to. So I will issue the remedial myself.
Thanks
Terryw
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@terryw
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October 20, 2011 - 1:50 am
I still have no clue.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email Me
Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
bjsaust
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@bjsaust
Join Date: 2009
Post Count: 141
October 21, 2011 - 3:32 am
Maybe you should slow down and explain the situation and what it is you're trying to achieve?
lukebe2
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@lukebe2
Join Date: 2004
Post Count: 20
October 21, 2011 - 10:02 am
Sure. So I have a caretaker that does not show up anymore. The place is nasty and going downhill fast.
We have a caretaking agreement for 25 years under the accommodation module rules so cannot just fire them. First step to termination is a remedial notice under the accommodation module 2008 (QLD) to say fix the problems. If you don't you are fired.
You can engage a solicitor to issue a remedial notice or you can do it youself.
I have done it myself so was wondering if someone has a sample so I can compare mine to?
The accommodation module section 129 (4) states the rules for remedial notices:
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpAcMR08.pdf
I could engage a solicitor but I suspect this will be happening alot so may as well have a template ready to issue that we can do quickly and cheaply.