Body Corporate Law
At MBA Lawyers, we have assembled the most experienced and well-respected body corporate and management rights lawyers in the country. Previously overseen by Rob Balanda, this complex and specialised area of law is led by Managing Partner Clayton Glenister, an Accredited Fellow of Australian College of Strata Lawyers (ACSL), offering his unparalleled knowledge and experience keeping our team at the forefront of innovative and client centric legal practices.
Unique expertise rarely seen at other firms…
What sets us apart from other firms is our unique expertise in dealing with various community living legislation, including the Building Units and Group Titles Act (BUGTA), Integrated Resort Development Act (IRA), and Sanctuary Cove Resort Act (SCRA), in addition to the standard Body Corporate and Community Management Act and associated regulation modules. These specialised areas of law require a deep understanding, and our firm is proud to possess the necessary knowledge and experience related to these statutes which places us as expert legal advisors to assist clients in these areas.
We have acted for Bodies Corporate across Queensland, from the far North of the State, right down to the border in Coolangatta. We have acted in caretaker disputes, assignments of Management Rights, complex advices and all aspects of Body Corporate law for very large layered schemes to simple two lot schemes. Our experience in this field is unrivalled and our service standards unmatched.
Having been at the forefront of the management rights industry since its inception, we have represented numerous management rights operators in both purchases and sales. Whether you are a small scheme operator or a publicly listed company in the management rights industry, our team is dedicated to providing you with timely, practical, and experienced advice. We operate across Queensland, New South Wales and Victoria, with offices in Brisbane and the Gold Coast, ensuring that we are accessible to you wherever you may need us.
When it comes to the legalities of your agreements, we understand the critical importance of specialised advice. Most lenders will only accept due diligence reports from industry recognised lawyers’ when financing management rights purchases. We are committed to protecting your life savings and the significant investments made by both you and the bank through the provision of practical and trusted legal expertise.
Our experienced team…
With a strong presence in the Gold Coast community, Clayton has established himself as a leading expert in body corporate law and management rights throughout Queensland and New South Wales. His extensive contributions to the field include publishing numerous articles and papers, some of which have been featured in esteemed publications like the Gold Coast Bulletin and the Courier Mail. Such is Clayton’s expertise that he has been sought out by the Queensland Government for consultation on potential legislative changes to the Body Corporate and Community Management Act.
Clayton has held positions as the founding lawyer for the Association of Queensland Bodies Corporate Association, was Chairman of the Sanctuary Cove Community Services Limited which oversees the entire Sanctuary Cove development and has lectured at the Real Estate Institute of Queensland and Bond University, imparting his wisdom and knowledge to aspiring legal professionals. More recently Clayton has been heavily involved with the legislative reform Committee of ACSL, consulting with the Queensland government on legislative reform, including the impending redevelopment laws that will have major implications for both developers and lot owners in this state.
With a focus on disputes between lot owners and bodies corporate, Isabella Clements offers advisory services to assist committees in understanding their rights and obligations. She also has extensive experience in resolving disputes related to caretaking service contractors and ensuring that by-laws are up to date and enforceable for bodies corporate.
- Building defect disputes and actions against builders and developers;
- Advices in relation to termination of strata schemes and redevelopment;
- Preparation of Caretaking and Letting Agreements;
- Acting on behalf of Body Corporates in relation to the assignment of management rights;
- Preparation of Community Management Statements, Building Management Statements and advises concerning layered schemes;
- Advising managers/caretakers and bodies corporate in the protection of their rights;
- Disputes involving bodies corporate, committees, service contractors and letting agents through the Commissioner for Body Corporate and Community Management, Queensland Civil and Administrative Tribunal (QCAT) as well as the District, Supreme and High Courts of Australia;
- Lot entitlement disputes;
- The ability to assist bodies corporate and management rights operators to interpret and understand the legislation;
- Advice on all matters relating to the set-up of management right in new or existing complexes;
- Acting in relation to the purchase of management rights transactions throughout Queensland, New South Wales and Victoria;
- Bylaw drafting and breaches; and
- Debt and levy recovery.
We Are Here To Help You
Clayton Glenister
Managing Partner
Isabella Clements
Lawyer
Kate Melo
Paralegal Manager
News and Resources
Rental relief for commercial tenants impacted by COVID-19
COVID-19 emergency response measures for financial management of Body Corporates in Queensland
