Can a Caretaker Remove the On-Site Living Requirement from Their Agreement?

QLD

Management & Agreements

This article discusses whether and how a body corporate can agree to remove a caretaker on-site living requirement from a caretaking agreement, including the approval process and service standard considerations.

As caretakers of a body corporate in SEQ, we wish to move offsite. Our contract states we must live on site. How do we remove this clause from our agreement?

We are caretakers for a body corporate in SEQ. We have outgrown our current on site premises and wish to move into a bigger dwelling close by. It is a condition of our contract that the caretaker must live on site. How do we go about removing this from clause our agreement?

You'll need to convince people that living offsite won’t change service standards.

The obligation to live onsite is a matter of contract. That means that if you want to remove that obligation the body corporate needs to agree to the variation of that part of your agreement by ordinary resolution – which is more votes for the change than against it from those who choose to vote. The biggest issue with this, in my experience, is convincing people that you living offsite won’t change the service standards that have been available in the past.

Comments

Published: 25 Mar 2026

Last Updated: 7 Jul 2026

After a free PDF of this Q&A?

Not a member? Join for free

Answer by

Frank Higginson

Redchip Strata Law

With more than 30 years’ experience in property, management rights and body corporate law, Frank is a beacon of knowledge and a renowned strata-industry expert. Known for his straight-shooting style and commercially driven advice, Frank cuts through the most challenging legal problems to deliver real-world solutions.

An active member of the strata community, Frank generously shares his time and experience to help educate the broader industry on all things strata law. He embraces his role as an industry leader and is committed to continued industry innovation and ensuring everyone in the strata sector has access to practical resources and solutions as they navigate through the strata maze.

He regularly presents to all industry segments and also speaks at Queensland Law Society events on strata law issues to other lawyers. Frank is a regular contributor to LookUpStrata.