Caretaker Contract Extensions: Must a Committee Put a Top-Up Motion to Owners?

By admin,

Our scheme operates under the Accommodation Module. Our caretaker has asked for a 5-year extension or top up to his existing contract. The caretaker doesn't own a lot.

Can a motion to grant a top-up only be submitted for voting at a general meeting by either a lot owner or the body corporate committee? Further, is a committee compelled to put forward a general meeting motion for the management rights top-up simply because the caretaker requested it?

 

When Caretaking Agreements Conflict With New BCCM Regulations: What Are the Options?

By admin,

What happens if a caretaking agreement becomes inconsistent with later BCCM regulations? Could an adjudicator determine if there is a significant inconsistency requiring a deed of variation? Could we undertake a statutory review? Would this situation meet the strict criteria for a review?

CPI Overpayments to Caretakers: Who Bears the Tax Consequences When Errors Are Repaid?

By admin,

Our body corporate management company recently reviewed the CPI calculation for the on-site caretaker (contractor) salary increases from 2011-2022 and noticed a discrepancy. The body corporate management company’s accounting department incorrectly calculated the CPI. Therefore, the caretaker was overpaid during 2011-2022 period.

The body corporate asked the caretaker to repay the overpayment. The caretaker is asking for a tax adjustment for the error. Is the body corporate or the body corporate management company responsible for the tax adjustment payment?

Termination or Buyback? Committee Powers and Owner Approval When Ending a Caretaking Agreement

By admin,

Owners in our complex voted to pursue the termination of the caretaking agreement.

In the meantime, the caretaker has suggested a price she would sell to the body corporate. The committee is fine-tuning the offer. What actions can the committee take without prior approval by owners?

Can a Body Corporate Charge a Caretaker for the Chairperson’s Time When Discussing a Management Agreement?

By admin,

I am a new chairperson at a resort under the accommodation module. The caretaking and letting management company asked me to attend a meeting to clarify their managing agency agreement. Can the body corporate invoice the caretaker for my time and deposit the money into our sinking fund?

Caretaking Agreement Top-Ups in Queensland: Does the Committee or All Owners Decide?

By admin,

We are lot owners and caretakers in our QLD body corporate. We want to request a 5 year top-up of our caretaking agreement. How do we proceed?

Is a special resolution required? Do we submit a motion to be included on the body corporate committee’s agenda? If the committee vote is past, is our top-up approved? Or does this decision need to go to an AGM to be voted on by all owners?

Is There a Standard Service Contractor Contract in Queensland, and How Binding Are These Agreements?

By admin,

I'm seeking clarification on current "standard" service contractor contracts to see how much they may have changed since 2004. Once a contract is signed, is it binding? Does this mean that both parties are required to abide by the specified terms, and no changes can be made unless signed by both parties in writing? If the service contractor may not have realised the implications of some clauses, does this mean they are invalid unless new legislation has been introduced that has to be complied with?

Who Can Appoint a Building Manager Under a Caretaking Agreement?

By admin,

Our building’s caretaker agreement is with a corporation and has a nominee. The nominee assigned their rights to another company, the building manager, who appointed a co-building manager.

Is the new co-building manager now an assignee, and should the committee have approved this appointment? The body corporate committee was established after the assignee was appointed but before the new building manager was appointed.

What Are a Body Corporate Committee’s Fire Safety and Inspection Responsibilities?

By admin,

Our complex has 8 units over 3 levels. There is no onsite manager.

What are the responsibilities of the Committee in relation to Fire Regulations? What are the fire equipment, etc requirements of a building this size? What do we have to do in regards to inspections on an annual basis?

Subscribe to