Question: If the committee replaces self-watering gardens with pot plants that require hand-watering, can the caretaker request additional pay or is this part of their usual garden maintenance duties?
Our body corporate committee decided to remove self-watering hedges and garden beds and replace them with pot plants requiring hand watering. They asked the caretaker to hand-water all the additional plants. Can the caretaker request additional remuneration, or would this extra work be considered part of the caretaker’s duty in maintaining the gardens?
Answer: MR responsibilities are not there to be changed at a whim.
Let’s remember an essential fact about caretakers (aka, management rights (MR) holders): they are engaged by the body corporate as contractors. The key term here is ‘contract’. Contracts aren’t there to be unilaterally changed by one of the parties.
To your query, then. Your body corporate engages the MR holder on terms that include set amounts for remuneration and what the responsibilities of the MR holder are in relation to common property. Removing the hedges and garden beds may mean that the MR holder’s duties have changed. That may mean the MR agreement needs to be reviewed, which might also involve remuneration.
In other words, this is not a simple yes/no answer, and it’s a great reminder that MR responsibilities are not there to be changed at a whim. Legal advice may be necessary.
Oh, and by the way: the committee may not have the power to remove the hedges and garden beds anyway. That might be what is called a restricted decision.
This is general information only and not legal advice.
This post appears in Strata News #750.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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