Practice area 01
Property Services
A well-resourced property group delivering comprehensive, commercial advice to local and national clients — from cottage conveyancing to community title schemes and rural acquisitions.
The Broadley Rees Hogan Property Group is well resourced and committed to delivering comprehensive and commercial legal advice to local and national clients. Our team of experienced lawyers deliver technically excellent legal advice that addresses all facets of property transactions in a timely and cost-effective manner.
Body corporate and community title
Broadley Rees Hogan is experienced in body corporate and community title law. This involves titling structures and good governance of community title schemes. Issues that arise are broad-ranging, extending from new projects and the creation of new schemes through the registration of community management statements to disputes that inevitably arise in community title living.
We advise bodies corporate about by-laws, new community management statements, and the law on how bodies corporate and committees are required to make decisions. We act in matters where the body corporate is asked to consent to transfer of management rights and on extension requests. We review and advise on various body corporate agreements with service contractors, and we advise on the rules that apply to the use and granting of rights to use common property.
This area of law is complex and, in Queensland, highly regulated by the Body Corporate and Community Management Act, which is also under review by the government. Understanding the Act and the regulation modules that apply to schemes is essential.
The firm's property services in this area also tie in with our litigation and dispute services. Body corporate disputes mainly fall under conciliation and adjudication processes, and complex disputes are dealt with by specialist adjudicators or QCAT. By-law breaches and disputes about meeting procedures, vote counting and resolutions are common; disagreements over pets, building work, parking and noise are not unheard of. When levies are unpaid, the body corporate should act promptly to recover levies from lot owners — we handle demands, repayment deeds and collection actions, including judgments and their execution.
We understand body corporate law. Our lawyers write and teach in this area of law, and in other property subjects.
Commercial, industrial and residential property transactions
Broadley Rees Hogan has a strong focus on property in both the commercial and industrial property markets. We also handle residential cottage conveyancing and off-the-plan contracts. Our focus on our clients' interests is supported by our close connections with property managers, real estate agents, bodies corporate, developers, financiers and other industry professionals.
Leasing — retail, commercial and industrial
Our team has considerable expertise in acting for both owners and tenants in leasing transactions, including all facets of retail leasing. We provide our clients with:
- Assistance in negotiating the commercial and legal terms of Agreements for Lease and Leases.
- Drafting of retail, commercial and industrial leases.
- Compliance with all relevant legislation.
- Assistance and advice to either party during or after a breach of the terms of an Agreement for Lease or Lease.
Property development and project structuring
Our experienced property group is committed to providing expert services to corporate and institutional owners and property developers. Starting with the acquisition of a potential development site, our team can assist with:
- Applications to the local authority for material change of use or reconfiguration of title.
- Liaising with third party service providers such as surveyors, town planners and body corporate managers throughout the development stage through to completion of sale contracts.
- Negotiating with the local authority for conditions of land use approval.
- Negotiating and drafting development agreements, sale contracts (including off-the-plan sale contracts), community management statements, building management statements and disclosure statements.
Liquor licensing and gaming
Our team advises on all aspects of liquor licensing and gaming, including licence applications, licence transfers, risk assessed management plans and general advice on acquisitions and disposals of licensed premises.
Rural acquisitions and disposals
We act for many major rural landholders and can advise you on all aspects of acquisitions and disposals relating to rural properties, including advice on water rights and feed lots.
Related practice areas
All areasCorporate and Commercial
If it's a business activity, our corporate advisers have been there and done that.
Explore 03Litigation and Dispute Resolution
Our approach is to resolve disputes fast and efficiently to make a real difference for our clients.
Explore 04Building, Engineering, Construction
Whether it is a large commercial development or a residential project, our team has the expertise to assist you.
ExploreProperty questions
Conveyancing, leasing, body corporate and rural land.
General information only, current at the time of writing — not legal advice. Every matter turns on its own facts, so please talk to us before acting on anything here.
What does a property lawyer do that a conveyancer doesn't?
A conveyancer can process a standard transaction. A lawyer can advise on the contract before you sign it, negotiate special conditions, deal with title defects, easements, GST and duty consequences, and act if the transaction goes wrong. On commercial, off-the-plan, development and rural transactions the issues rarely stay standard.
What is a community title scheme, and what does the body corporate actually control?
A community title scheme divides land into individually owned lots and shared common property, administered by a body corporate under the Body Corporate and Community Management Act 1997 (Qld). The body corporate maintains common property, sets and collects levies, makes and enforces by-laws, and holds insurance. Which regulation module applies to a scheme changes what it can and must do, so that is the first thing to check.
Can a body corporate stop me keeping a pet, or smoking on my balcony?
Queensland's body corporate laws have been amended in recent years to limit blanket pet prohibitions and to allow by-laws addressing smoke drift in outdoor and communal areas. A body corporate generally cannot refuse a pet outright but can impose reasonable conditions. Whether a particular by-law is valid turns on the scheme's module and how the by-law is drafted — worth checking before a dispute escalates.
What happens if a lot owner does not pay their levies?
Unpaid levies accrue interest and recovery costs, and a body corporate is expected to act promptly rather than let arrears build. The usual path runs from a reminder and formal demand, to a repayment deed, to court proceedings and enforcement of any judgment. We handle each of those stages for bodies corporate and advise lot owners who dispute a levy.
What is the difference between a retail lease and a commercial lease in Queensland?
Retail shop leases attract the Retail Shop Leases Act 1994 (Qld), which imposes disclosure obligations on the lessor, requires certain advice reports from the tenant, restricts some rent review mechanisms and limits what outgoings can be recovered. A purely commercial or industrial lease sits outside that Act, so the parties have far more freedom — and far less statutory protection.
What is a disclosure statement in an off-the-plan contract?
For a lot in a community titles scheme, the seller must give the buyer a disclosure statement before the contract is signed, covering matters such as the proposed community management statement, levies and the scheme's structure. If the statement is inaccurate in a material respect, or a later variation prejudices the buyer, termination rights can arise. Timing and content are technical — this is one to have reviewed before signing.
What should I investigate before buying rural land?
A title search is only the starting point. Water entitlements and licences, vegetation management mapping, contamination registers, biosecurity obligations, stock routes, cultural heritage, access and permits to occupy all sit outside the title and each can prevent you from using the land as you intend. Our three-part series on rural property in Queensland covers the searches in detail.
Do you act on liquor licensing and gaming?
Yes — licence applications and transfers, risk assessed management plans, and the licensing side of buying or selling licensed premises. Licensing timeframes are often the critical path in a hospitality transaction, so it is worth raising early.
Get in touch
Talk to a lawyer who will actually pick up the phone.
Tell us what you are dealing with. We will tell you, plainly, what your options are and what it is likely to cost.