Body corporate disputes involving caretakers can generate considerable confusion and frustration. Our interactions with clients indicate that further clarification of the options available to resolve caretaker disputes and the legal requirements for termination would be helpful. In this article, we will highlight what the relevant legislation says about terminating an engagement and what steps the…

We get a lot of questions from resident managers and committees about caretaking remuneration and the ability to change it. Quite often there are misconceptions that the resident manager is a type of employee. That is not the case. The typical management rights arrangement is a contract for service in which the service provider performs…

The role of the caretaker within a body corporate can sometimes cause confusion. As the caretaker is frequently onsite managing the scheme’s day-to-day issues, it can fuel the assumption that the scope of their responsibilities is wider than it is. By-law enforcement is one of the tasks residents commonly attribute to caretakers. However, contrary to…

Caretaker Bullying Decision Bullying in a workplace is unlawful in Australia. Even Caretakers who are contractors of a Body Corporate are protected from bullying by committee members. Read this article to find out more about the decision of the Deputy President of the Fair Work Commission. The recent decision in Application by Ms A [2018]…

The Information Service of my Office has received a number of enquiries lately for general information about the transfer of caretaking service contracts. To start with the basics, as you will probably be aware, the definition of a ‘caretaking service contractor’ is a service contractor for a community titles scheme who is also a letting…

Our caretaking service contractor has sent out a letter to all owners asking them to vote for certain committee candidates and to vote to extend the caretaking service contract. Is this permissible under the Act? While the Body Corporate and Community Management Act 1997 and its associated regulations remain silent in regards to lobbying, it…