Question: Our caretaker charges us extra for mowing duties they said weren’t in their contract. Can a caretaker use body corporate assets to make a personal profit?
Our caretaker brought $17,000 of equipment to do mowing, etc. as part of their contract. After a few years, they found that, according to their contract, they didn’t have to do the mowing, so they started charging extra for these duties.
I believe a caretaker can’t use body corporate assets to make a personal profit. Is this true, and what should we do?
Answer: If the caretaker bought the equipment with their own money, it isn’t a body corporate asset.
If the caretaker purchased that equipment with their own funds, which seems to be the case from the premise of the question, then they would not be body corporate assets. If the work they are performing is not part of their existing contract, then they can agree with the body corporate to carry out the additional work at an additional cost.
This post appears in Strata News #806.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753
