A timeline of key moments concerning long-term contractual arrangements and regulation modules at Hatlowe Heights with supporting documentation.
May, 1993
Land purchased
The developer Raymond Efron purchased the 3 hectare land for Hatlowe Heights for $1,150,000.
Raymond was responsible for other developments on the Gold Coast such as La Sabbia on Old Burleigh Road, and Rhode Island Resort on Santa Cruz Boulevard.
Construction began quickly.
22nd of September, 1994
Inaugural General Meeting
The first general meeting is held by the complex developer’s solicitor Eric Muir. Construction of the complex had not yet completed.
The first caretaker Leikkari Holdings Pty Ltd was assigned by the complex developer for an initial 3 year term, expiring 20/09/1997.
Download Minutes
Download Caretaking Agreement
28th of September, 1995
Assignment of Rights
Leikkari Holdings (the caretaker) put forward a motion to sell their management rights to Maguire Realty Pty Ltd.
The deed of assignment was signed on this date.
Download Budget Meeting Minutes
Download AGM Minutes
Download Deed of Assignment
10th of February, 1996
Extension to agreement term
Maguire Realty exercise their option to extend their agreement by 3 years as per the provision in the caretaking agreement.
The new expiration date was 20/09/2000.
Download Letter
July, 1997
BCCM Act supersedes BUGTA Act
The Body Corporate and Community Management Act 1997 (the BCCM act) took effect from July 1997, superseding the Building Unit Group Titles Act 1980 (the BUGTA act) under which our complex was originally registered.
The BCCM act introduced the concept of Community Titles Schemes (CTS), Community Management Statements (CMS) and the regulation modules. At this time, our complex ‘automatically’ adopted the Standard regulation module.
View the BUGTA Act 1980
View the BCCM Act 1997
View the original Standard Module
19th of August, 1997
Change to Accommodation Module proposed
At the Budget Meeting of 1997, it was recommended by the committee at the time (2 members, one being the caretaker Vince) to change from the Standard module to the Accommodation module under the new legislation.
Explanatory notes were added to the meeting minutes, and the caretaker extending their agreement term once the module was changed is referenced.
Download Budget Meeting Minutes
16th of December, 1997
Change to the Accommodation Module
Vince Maguire of Maguire Realty (the caretaker and committee chairman) put forward a motion to change the complex regulation module from Standard to Accommodation.
Vote results: Yes: 4, No: 0, Abstain: 1
Vince withdrew his re-nomination of Chairman due to the Standard module legislation preventing a caretaker holding a voting position on the Committee.
Download Minutes
3rd of February, 1998
New CMS recorded
A CMS (official document clarifying key facts of the complex) was created which confirms the complex is registered under the Accommodation Module. This was then lodged with the Queensland Land Registry.
Vince Maguire became the chairman again once the module changed as per the outcome of a flying minute issued 23/12/1997.
The Standard module doesn’t allow the caretaker to take a voting position, the Accommodation module at the time did permit this.
Download the Flying Minute
View the Accommodation Module in-force at the time
23rd of March, 1998
EGM to extend agreement term
Vince Maguire put forward a motion to extend his caretaking agreement by 19 years, taking the contract term to 20/09/2019. This only became possible by changing to the Accommodation module.
Vote results: Yes: 21, No: 0
Another motion put forward by Vince allowed the waiving of the fees usually payable to the Body Corporate for a future transfer of Maguire Realty’s management rights to another party.
Vote results: Yes: 20, No: 1
This extension increased the value of the caretaking agreement enormously for Maguire Realty.
Download Minutes
25th of May, 1998
Assignment of management rights
An EGM and committee meeting both occurred on this date.
A motion was put forward by Vince to sell the management rights to Colin Rich from Maguire Realty.
Vote results: Yes: 7, No: 0, Abstain: 1
Vince resigned as Chairman, and Colin took on the post as permitted by the Accommodation module.
Download EGM Minutes
Download Committee Meeting Minutes
Download Deed of Assignment
21st of November, 2002
Assignment of management rights
A motion was put forward by Colin Rich (the caretaker) to sell the management rights to Finvoy Pty Ltd, with the agreement expiring on 20/09/2019.
Vote results: Yes: 6, No: 0
Download EGM Minutes
Download Deed of Engagement
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