Question: A body corporate manager has told owners that credit card fees will now be charged to the body corporate. Is this a contract variation without consultation?
Our body corporate manager has written to all owners saying that all credit card fees will be automatically charged to the body corporate from 1 October.
The body corporate hasn’t been given any opportunity to decide on this. Is this a variation of our contract without consultation? Is it legal?
Answer: The body corporate manager’s agreement should set out who bears fees and disbursements, which is usually the body corporate.
The answer will depend on the terms of the existing agreement between the body corporate and the body corporate manager. This should set out the arrangement for such fees and disbursements and who is responsible for bearing those costs. I would be surprised if it would be the responsibility of anyone other than the body corporate to bear these costs, though.
This post appears in Strata News #813.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753
