Can a committee delegate tasks to a caretaking service contractor if the tasks are not included in the caretaker contract?
Under the standard module, is a committee allowed to delegate responsibilities to a caretaking service contractor, such as authorising them to seek legal advice, if that task isn’t specified in the caretaker’s agreement?
If such delegation is allowed, does it need to be approved by a formal committee resolution, and would that resolution continue to apply to future committees?
The committee are there to make decisions, and decisions they should make.
Delegation is a dirty word in Queensland strata. There is nothing wrong with sending people out to get quotes or the like, but ultimately, the decision to engage a contractor (whether it be a lawyer or a pool fence repair) should be that of the committee.
The committee are there to make decisions, and decisions they should make. It is not for people not on the committee to decide how the body corporate should do things, whether that be spending money or otherwise.
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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.
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