Improvement vs Maintenance

What is considered an improvement to property and what is considered maintenance? We break down this tricky topic to help you understand the difference. Check out our top 3 takeaways below.

 

HubSpot Video

Our Top 3 Takeaways for Improvements vs Maintenance  

 

Get The Basics In Place  

 Know what it is you are dealing with right from the start: what works, what contractors, what timeframes, what specifications and of course, what costs? The more specificity you can provide, the better off you will be in being able to engage with the issues. Leaving things out – even innocently – will never look good.  

 

Rely Upon Past Decisions  

There are plenty of past decisions, as our webinar highlights. Rely upon them to give you the guidance you need. Where necessary, seek legal advice to get application of them to your situation. That might sound like a lot of effort but where a lot of money is involved, it will be worth it.   This is especially the case if the issue is likely to be a contested one 

 

Don’t Cut Corners 

There is no substitute for due process and when it comes to maintenance or improvement, there might be several levels of approval. Each one might have a different threshold of approval. If in doubt, seek clarification but when it comes down to it, ensure you convene the ‘right’ meeting and seek the ‘right’ threshold. Don’t hope you can get away with what seems easiest or most convenient at the time.  

 

Useful Links:

The QCAT case - https://www.sclqld.org.au/caselaw/QCATA/2022/15 

 Admiralty Towers II - http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2008/151.html?context=1;query=colour%20change%20being%20special%20resolution%20;mask_path=au/cases/qld/QBCCMCmr 

 Our newsletter on the issue - https://blog.hyneslegal.com.au/news/a-fresh-coat-of-paint-maintenance-or-improvement 


 

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