By agreement, our caretaker’s office hours have changed. This is causing building access issues. Can I submit a motion to have the decision overturned?
Our Caretaker submitted and won a motion at an AGM to have their agreement changed regarding office hours. They were required to keep the office open 8:30 am - 5:00 pm Monday to Friday. This was changed to "they must be available on-site between the hours of 8:30 am - 5:00 pm".
The office is regularly closed. When the office is closed, the front auto door cannot be opened without a key and the building is essentially locked. This is causing a lot of issues and there was no monetary compensation from the Caretaker. As an owner, am I able to submit a motion at our next AGM to have this overturned and reverted back to the original clause in the Agreement?
A variation cannot be imposed on a manager.
A lot owner can submit a motion to be considered by the body corporate at any time. If that motion were to propose further changes to the agreement (such as to reverse the first round of changes) then it would be of no effect unless:
- The body corporate passed the motion; and
- The manager separately agreed to the variation.
This is because a variation cannot be imposed on a manager. It must be given effect to by mutual agreement.
An alternative would be to propose a motion that revokes the body corporate's original approval for the change. However, even if this motion passed, the manager may have rights that have already crystallised if a deed has been entered into (and signed by the body corporate) that gives effect to the initial changes.
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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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