Our caretaker charges us extra for mowing duties they said weren’t in their contract. Can a caretaker use body corporate assets to make a personal profit?
Our caretaker brought $17,000 of equipment to do mowing, etc. as part of their contract. After a few years, they found that, according to their contract, they didn't have to do the mowing, so they started charging extra for these duties.
I believe a caretaker can't use body corporate assets to make a personal profit. Is this true, and what should we do?
If the caretaker bought the equipment with their own money, it isn’t a body corporate asset.
If the caretaker purchased that equipment with their own funds, which seems to be the case from the premise of the question, then they would not be body corporate assets. If the work they are performing is not part of their existing contract, then they can agree with the body corporate to carry out the additional work at an additional cost.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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