When does the body corporate have an opportunity to vary a management agreement with the onsite manager? Surely the onsite manager is not going to agree to any proposal without compensation.
When does the body corporate ever have an opportunity to vary a management agreement with the onsite manager? Our agreement has many clauses which appear to be favourable to the manager, notably, the annual salary increase of over 4%, which is bleeding the Body Corporate dry.
How can we vary the agreement when, obviously, the manager is not going to agree to any proposal without compensation?
What needs to be remembered is that the caretaking agreement is a contract so generally, one party cannot unilaterally change the agreement without the other party agreeing to the change.
What needs to be remembered is that the caretaking agreement is a contract so generally, one party cannot unilaterally change the agreement without the other party agreeing to the change.
The only real options available to the body corporate (absent the caretaker agreeing to the change) are:
- If the agreement includes a review right; or
- The statutory review mechanism, which is discussed in more detail here: QLD: Statutory Reviews – A Process To Change Your Caretaking Agreement
On occasion a caretaker will ask the body corporate to agree to an extension of the caretaking agreement. That request can sometimes provide a good opportunity to discuss (and agree on) other changes to the agreement at the same time, such as a fixed 5% remuneration increase being removed.
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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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