The on-site management rights are being sold and the new manager may very well outsource the work to contractors to do the cleaning, mowing, pool maintenance, grounds upkeep etc for the complex. If this is the case, is the new caretaker responsible if those contractors don’t keep the complex up to a satisfactory standard?
I live in a complex which has a large swimming pool that is available to 95 residents and their families. It is the caretaker's job to clean the pool. A pool service is conducted by an external contractor once a week to check the chemicals etc.
The body corporate manager is responsible for providing administrative services (including general and financial administration) to the body corporate, while the caretaker service contract focuses on delivering services other than administrative in nature.
Considering these provisions, if the body corporate requests the caretaker gather and maintain the owner roll, would this constitute a conflict with the caretaker agreement and the BCCM Act? Is the caretaker obliged to undertake administrative tasks such as maintaining the strata roll. Are they within their rights to refuse?
Our caretaker’s agreement was established and agreed upon 10 years ago by the previous caretaker and the body corporate. The agreement contains no specified office or working hours, and the remuneration appears to be increasing and becoming the most significant outgoing expense. The body corporate feels that the remuneration does not align with the actual effort expended, given that the caretaker seems to allocate limited working hours each day to perform duties. However, the caretaker is fulfilling their responsibilities per the contractual agreement.
Our onsite caretaker, who has a signed caretaker agreement with the owners corporation, sometimes performs additional tasks not specified in the agreement. They have requested written confirmation from the owners corporation stating they are volunteering for these extra duties. Will this provide the caretaker with coverage as a volunteer under the owners corporation's insurance policy?
I am a caretaker. Can the committee dictate what hours I work?
I currently clean from 5 am to 7 am. The pool and BBQ areas are open to occupiers from 7 am to 10 pm. So, I do all the work I can outside those hours to better manage my workplace health and safety obligations.
My work does not disturb anyone or create noise or security issues.
The committee sent me an email stating, "Effective immediately: you are not allowed to work inside the estate before 7 am and after 5 pm.
The contract contains no clause dictating when I can and can't work.