QLD Resort Management Problems

[Andrew Walter]

Thank you for reading. A few years ago I bought a room in a marina,it was cheap and it was permanently rented.There are quite a few private owners with their rooms permanently tenanted or in the holiday pool. In the first 12 months, the body corporate fees and rates either went up significantly or I wasn't given the proper information at purchase but the the rent does cover the costs,if only just,I can live with it because real estate increases in value hopefully.

My problem now is that 12 months ago the complex was sold to a new owner who has handed the management to an international resort company and are upgrading the resort and going to run it as a resort only with no permanent tenants.They have already informed me that my tenant cannot use the pools or laundry facilities and my real estate informs me that they are not going to allow my real estate to manage the rental of my room.The room is rented at $240.00 per week and the body corporate, rates and electricity cost approx $200.00 per week,so if they make it hard to rent it will hurt and the new management will not put the room in the letting pool or market it for sale unless I perform their $15 000.00 refurbishment.I listed the room with the real estate that manages my room but resort management and my real estate tell prospective purchasers that they cannot live in the room,something that I was not told when I purchased the room. My real estate agents pressuring to take an offer of $55 000 after paying $70 000 only 3 years ago. I'm feeling a bit bullied at the moment.

What rights do I have as an owner?
Thank you for your time

 

[Ivy]

Hi Andrew,

I suggest that you should contact a property lawyer to help you in this dispute.

As a general point, the first thing you need to find out is what rights you purchased when you bought the room and did the person/ organisation who sold you the room have the rights to sell onto you. If you were sold rights (for example the uninhibited right to tenant the room) but the previous owner didn't have that right, then potentially you will need to pursue whoever sold you the room.

If you do have certain rights over the room then the new organisation that has bought (or is managing) the Marina cannot take those rights away from you. You would have prior rights.

So this is definitely a question of the particular circumstances of the title (rights) that you purchased. I hope that helps. But as I said, I would definitely be contacting a solicitor to provide you with further guidance.

 

[Andrew Walter]

Hi Andrew,

I suggest that you should contact a property lawyer to help you in this dispute.

As a general point, the first thing you need to find out is what rights you purchased when you bought the room and did the person/ organisation who sold you the room have the rights to sell onto you. If you were sold rights (for example the uninhibited right to tenant the room) but the previous owner didn't have that right, then potentially you will need to pursue whoever sold you the room.

If you do have certain rights over the room then the new organisation that has bought (or is managing) the Marina cannot take those rights away from you. You would have prior rights.

So this is definitely a question of the particular circumstances of the title (rights) that you purchased. I hope that helps. But as I said, I would definitely be contacting a solicitor to provide you with further guidance.

Thank you,will do