Question: Our caretaker’s agreement mentions the responsibility for mowing ‘verges’ but does this also mean common area? The wording is causing a few headaches. How do we resolve this?
Our Caretaker’s contract was written back in 2010 and the wording is causing a few headaches. The word ‘verges’ is causing the biggest problem.
We have quite a few verges in our complex and we have a grassed common area around our swimming pool but people are mixing the use of the words verges and common area as meaning the same.
The caretaker is responsible for mowing verges but are they responsible for mowing the common area. Can you shed any light on this, please?
Answer: There is no such thing as a standard management rights agreement so each one needs to be read in detail.
Can I respectfully suggest that there will be far more to the interpretation of this than the words. There are inevitably going to be other clauses, definitions or references in the agreement that will colour what the obligations are. There is no such thing as a standard management rights agreement so each one needs to be read in detail to confirm the position on issues like these. And you can sometimes expect there to be inconsistencies!
This post appears in the October 2022 edition of The QLD Strata Magazine.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
Leave a Reply