This article discusses whether an onsite caretaker real estate sales business can run from a management lot under the scheme’s by-laws.
Question: I’m a caretaker owning a lot in a QLD body corporate complex. As a qualified real estate agent, can I conduct a real estate sales business from the onsite manager’s lot?
As a caretaker who owned a lot in the complex, I signed a caretaker agreement and letting agreement with the body corporate that allow me to carry out a caretaker and letting business from the manager’s lot.
I also hold a full real estate agent license that qualifies me for real estate sales. Can I conduct a real estate sales business from the onsite manager’s lot?
Answer: It will depend on what the actual by-law for the building says.
By-laws are the things that regulate the use of a lot. There is no black and white on this, but it will depend on what the actual by-law for the building says about what the management lot can be used for. So, unfortunately ‘it depends’.
This post appears in Strata News #572.
Frank Higginson Redchip Strata Law E: FrankH@redchip.com.au P: 07 3193 0500
