Can a caretaker use common property for personal purposes?

By admin,

Our caretaker has “commandeered” our body corporate garden tool/material store shed as his own, using it as a workshop/retreat and socialising area day and night.

This is annoying neighbours in the vicinity. The matter has been the subject of a BCCM conciliation hearing who set out specific conditions, use, times etc. These have been ignored by the caretaker and the committee. The committee claims that according to our local council regulations no restrictions apply regarding hours of use etc.

Our bylaws clearly state that the shed is for storage only.

Can a building manager issue fines for by-law breaches?

By admin,

My building manager is issuing fines on behalf of the body corporate for breaches of certain by-laws. Is this allowed? Normally you would have to receive contravention notices prior to this.

We have these two clauses in the by-laws I have found relating to this:

33.4 For the avoidance of doubt, the body corporate may recover its costs in respect of that breach in accordance with these by-laws and under the BCCM Act.

Can a caretaker sell body corporate property?

By admin,

A new caretaker has just started at our complex. Without permission, they sold the body corporate's box trailer that was located on common property and pocketed the money. Can they do this?

If not, can the Body Corporate Committee invoice the Caretaker for the replacement cost of the box trailer?

Can an onsite manager reduce hours and keep the same pay?

By admin,

Our Last AGM, the onsite manager put forward a motion to reduce the operating hours of the office by 12 hours a week. She then contacted all the owners who do not live on-site and told them the same amount of work would get done.

The motion passed which means she now does 12 fewer hours a week, whilst still earning the same wage. Is this change valid once the motion has been passed at the AGM? Many on the Committee express they are not happy with the performance. The gardens are now unkept and the office is inaccessible.

Are building managers entitled to reimbursement under a caretaking agreement?

By admin,

We are the building managers of a unit complex. There is a requirement for us to purchase goods and services to complete works required under the caretaking agreement. Our body corp does not supply all items.

When we seek reimbursement for these items, the strata manager advises 'Your management agreement pays you remuneration for a supply of service which is inclusive of GST.' So essentially they are saying that our management agreement payment covers the costs of all goods/services we purchase for the management of the building. Is this correct?

Is a caretaker required to let owners into their apartment?

By admin,

My wife locked herself out of our apartment and asked the Building Manager to let her in. He refused, saying it's not part of his agreement and he suggested she call a locksmith.

I haven't seen his agreement so I don't know for sure, but he has let others in previously, including myself.

Whose responsibility is it to let owners into their apartments when they have locked themselves out?

When can a body corporate terminate a resident manager’s contract?

By admin,

Our resident manager isn't doing his job. He's not repairing urgent issues eg we were given a defect notice 30 days ago for fire-stair lighting not working and this hasn't been fixed. Also, he isn't producing correct invoices for payments from appropriate works companies etc.

What is classed as a breach of contract? How and where we can get his contract terminated?

Does “Verges” in a caretaker agreement include common areas?

By admin,

Our Caretaker's contract was written back in 2010 and the wording is causing a few headaches. The word 'verges' is causing the biggest problem.

We have quite a few verges in our complex and we have a grassed common area around our swimming pool but people are mixing the use of the words verges and common area as meaning the same.

The caretaker is responsible for mowing verges but are they responsible for mowing the common area. Can you shed any light on this, please?

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