Question: If contractors come to fix something in the building on a ad-hoc and irregular basis, are they considered visitors? Does this interpretation include a crew of workers, working on a long term contract in the building for up to 6 months?
Answer: A large part of the interpretation would depend on whether the contractor was attending a lot.
Assuming that there were no peculiar or specific development approval conditions which dealt with these two different scenarios, adjudicators take the following interpretation as to who is a visitor:
A bona fide visitor is someone who is not the owner or occupier, however temporary that occupation may be. If holiday-makers are renting units, they are treated as “occupiers” and must use the unit’s exclusive use area carport. A visitor is someone who calls on the owner or occupier. The length of time over which a visitor needs to stay may vary depending on the purpose of the visit.
Accordingly, a large part of the interpretation would depend on whether the contractor was attending a lot – if they are calling on an occupier to work on a lot then they would be a visitor. If they are engaged by the body corporate it is less clear and the longer the arrangement, the less likely they are to be considered a visitor.
This post appears in the December 2022 edition of The QLD Strata Magazine.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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