Can a caretaker vote on the extension of their caretaking agreement?

QLD

Management & Agreements

Can a caretaker and their associates vote on a motion to change or extend their own caretaking agreement?

Our body corporate’s caretaker also owns several units in the building, some personally, others through companies and in the names of their children. A motion will be put to the AGM to vary and extend the caretaking agreement. Are the caretaker and their associates entitled to vote on this motion, or would this be considered a conflict of interest?

A lot owner is entitled to cast a vote in their own interest at a general meeting.

There are no restrictions on voting at the general meeting other than the decision needing to be reasonable. There are at a committee meeting, but a lot owner is entitled to cast a vote in their own interest at a general meeting.

Accordingly, the caretaker and its associates can vote in favour of the resolution at the general meeting. In some circumstances, it would be unreasonable for a lot owner to use their voting power to force resolutions of the body corporate. However, this does not automatically apply to a caretaking-related motion.

Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753

Comments

Published: 27 Oct 2025

Last Updated: 7 Jul 2026

After a free PDF of this Q&A?

Not a member? Join for free

Answer by

Todd Garsden

Mahoneys

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.