Our caretaking agreement says the caretaker must keep all common property keys. The body corporate passed a motion that the caretaker must hand copies to a committee member. Does the caretaker need to comply?
Our caretaking agreement states the caretaker is to keep possession of all keys to the common property. It does not state that any committee member must hold a copy. The body corporate passed a motion requesting the caretaker provide copies of all common property keys to one appointed committee member.
Should the caretaker provide copies of all keys to this appointed member? We understand that the keys are body corporate assets. However, the body corporate and the caretaker signed the caretaking agreement, which clearly states that the caretaker is to keep possession of all common property keys, and no one else. The caretaker is concerned about potential uncontrolled risks if others hold the keys. How should this situation be handled by the caretaker?
The caretaker shouldn’t hand the keys over unless the agreement is formally amended, or the body corporate releases them from liability for doing so.
Without reviewing the entirety of the agreement, it is difficult to provide a complete response. Usually there would be a duty in the agreement also requiring the caretaker to comply with the directions of the body corporate.
However, generally, in circumstances where the committee is asking the caretaker to do something that would place them in breach of the agreement, it would be sensible for the caretaker only to comply in circumstances where:
- the agreement was amended to reflect the new arrangements; and/or
- the body corporate gave releases to the caretaker in relation to any:
- breaches of the agreement for handing over the keys; and
- liability for the keys that were provided to the committee member.
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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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