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]…
When we talk about body corporate matters, there is one group that sometimes gets left out of the discussion – tenants. To be more specific, the Body Corporate and Community Management Act 1997 (the Act) does not actually refer to tenants, it refers to ‘occupiers’. For the purposes of this article though, I’ll refer to…
Given that keys, key access, access codes and the like are essential for gaining access to your home or scheme, these items are a topic of considerable interest (not to mention discord) in bodies corporate. For the onsite manager who lives on premise, and is in the thick of any situations where keys are needed…
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…
If you have a building with management rights it is inevitable that at some stage the body corporate will be asked to consent to the assignment of them. Who does what? What does the body corporate have to do? Does the body corporate have to say yes? What is this Gallery Vie all about? All…
As the caretaking service contractor, I own a lot in my company name and a lot in my own name. I am also the representative for my son’s lot but he owes levies to the body corporate. If I go to the meeting, am I considered to have three votes when determining the quorum for…
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…