History

Over the past several years, there has been a significant increase of ownership turnover of accommodation lots by original or long term owners.  Demand for units in our complex continues strongly.

 

Due to the high number of new owners, an overview the legal origin, early legal structural changes and the end of the original 25 year management and letting agreement in 2021 have been made available here for your reference.

 

 

OVERVIEW 

 

THE PHOENICIAN BROADBEACH

A short history of our first 25 years.

 

‘The Phoenician’ is a development launched by Raptis group in 1997. It is extremely distinctive in its striking design style, layout, and captures the essence of a Mediterranean island resort and has become an icon and defectively, an oasis within Broadbeach.

 

The building consists of two, nine story towers – North and East. The two individual towers are joined at Level 1 by a large open podium.

 

The podium area includes an outdoor heated swimming pool, children’s pool, barbeque facilities and a large open area for sunning and enjoyment.

 

Additionally, there is an indoor leisure area incorporating showers, toilets, sauna, inground heated swimming pool, spa and a separate recently refurbished gymnasium.

 

At street level on Surf Parade and Queensland Avenue, a number of commercial businesses are located including restaurants, takeaway, real estate, coffee shops and personal personal care.

 

In addition, in the basement area, a commercial public carpark is located. 

 

Accommodation consists of a combination of 1 bedroom and 2 bedroom units all with their own exclusive balconies.

 

The main reception area is in the North tower, with impressive high ceilings, marble floors and decorative fit out. The timeless design is much admired by owners and visitors. It is a credit to the developers aim to create a unique building style within Broadbeach.

 

CHRONOLOGY OF CARETAKING AGREEMENT

 

The original caretaking agreement consisted of the two towers being on separate Community Title Schemes (CTS).

 

East Tower – 7th May 1997

North Tower – 25th October 1997

 

• The original caretaking agreement was granted to a company called Bringelly Pty Ltd for both the East and North Towers.

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• On the 27th April 1998, the Body Corporate authorised combining the two agreements into one, which is the ‘Phoenician Community Title Scheme (CTS) 27745’.

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• Subsequently, by deed of assignment, transferred to Picone Investments Pty Ltd on the 9th November 1998. 

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• By deed of assignment transferred to, Driftcove Pty Ltd on the 29th June 2001 and lastly to  the current caretaker: PR Accommodation Pty Ltd on the 20th July 2012.

 

The original management agreements were for 3 x 10 year periods (30 years), but were subsequently altered by the Queensland government to a maximum of 25 years in total for caretaking agreements, resulting in our original agreements expiring in 2022.

 

The management contracts were of a supervisory nature wherein the Body Corporate engaged and paid directly the staff required to maintain, clean, repair etc Body Corporate property and the manager was paid a fee to supervise only the staff duties.

 

The committee elected in 2020 had the duty to review and negotiate where appropriate a new agreement for the caretaking rights.

 

Both under government regulation and in our existing contracts the right to first refusal on any new contracts to be entered into was held by PR Accommodation Pty Ltd.

 

In view of the timeline and complexity the committee resolved to negotiate with PR Accommodation on the basis of not renewing the contract as a supervisory role but instead a performance based agreement and under this agreement, the Building Manager would now hold responsibility for all employees.

 

At the 2021 AGM ordinary resolution the new Caretaking and Letting Agreement was carried by the majority with 94 votes in favour (Yes), and 75 votes against (No).

 

An objection to this resolution was lodged, however was rejected by a tribunal ruling. The contract was subsequently signed and is now in operation.

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The new management agreement is for 2 x 5 year terms and radically changed the way the body corporate through the committee, manages our assets, and ensures that our by-laws comply with the QLD government legislation and rules and resolutions of the 

 

“Body Corporate and Community Management Act 1997,

Body Corporate and Community Management (Accommodation Module) Regulation 2008”

 

This applies to everything owners (Body Corporate) need to comply with.