This article discusses the next steps in a Section 130 remuneration review.
Question: Our BC believes we meet the requirements of Section 130 to review the remuneration payable under our caretaking and letting agreement. What are our next steps?
Our BC believes we meet all the requirements of Section 130 to enable us to review the remuneration payable under our caretaking and letting agreement. Can you please clarify, that if the remuneration is not deemed fair and reasonable, but the caretaker won’t agree to any changes in the agreement, what our next steps would be?
Answer: You need to be very careful to make sure you meet the statutory threshold.
The statutory review provisions are there for that very reason. The ultimate arbiter of a dispute like this is QCAT, but you need to be very careful to make sure that you meet the statutory threshold to be able to undertake one. The window of time to make an application can be quite tricky to prove up.
This post appears in Strata News #511.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
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