Question: We are a block of 30 units with elderly owners. We have always had access to a common room, but our troublesome caretaker of 20 years recently changed the door lock and now controls who has access to the room and when. How do we solve this problem?
We are a block of 30 units with elderly owners. We have had the same caretaker the last 20 years and they have always been very controlling.
But now it is unbearable. Apart from being very rude and yelling at lot owners and not doing their duties, they have changed the lock to the common room without telling anyone so we cannot access that space anymore.
There is a minute in the body corporate records saying all lot owners should have a key to the room but the keys no longer work. The caretaker controls the opening of the room when it suits her and that does not include weekends or public holidays like Christmas. We have always used the room and left it clean and tidy.
How do we solve this problem? We are all pensioners so we have not got a lot of funding.
Answer: It is a matter for the body corporate to decide what happens when and why.
Ultimately, any caretaker is bound by the caretaking agreement and then the directions from the committee in relation to the terms of that.
The committee should take control here and manage the issues as required. I would not have thought that any caretaker would have the absolute right to decide what common property doors are locked – that is a matter for the body corporate to decide what happens when and why.
Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
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