The on-site management rights are being sold. If the new caretaker outsources the work to contractors, is the new caretaker responsible if those contractors don’t keep the complex up to a satisfactory standard?
The on-site management rights are being sold and the new manager may very well outsource the work to contractors to do the cleaning, mowing, pool maintenance, grounds upkeep etc for the complex. If this is the case, is the new caretaker responsible if those contractors don’t keep the complex up to a satisfactory standard?
In almost all cases, yes.
In almost all cases, yes. The manager who has contracted with the body corporate to have the certain tasks performed is still primarily responsible for those duties being performed even if they are subcontracted out to a third party.
In most cases the agreement will also expressly provide for this position. There may also be an obligation on the manager to obtain the approval of the committee for any subcontractors but ultimately this will depend on the precise terms of the management rights agreement.
I would suggest that if this takes place the committee reviews the management rights agreement which will govern this situation.
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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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