Question: We have a common property community room. Our caretaker manages a booking system that controls access. Can the caretakers insist residents pay a cleaning deposit with the booking form?
Answer: If this is part of a by-law, this is, generally, not ok.
It would be useful to know what arrangements are in place here. While one might assume the booking system is contained in your by-laws, it is also reasonably common (and generally ok) that there be a booking system. Putting a monetary liability alongside it is, generally, not ok. Refer to section 180(6) of the BCCMA for the prohibition on this. It may also depend on whether the cleaning ‘deposit’ is refunded (e.g., if you leave the place looking spotless), as that might technically mean no ‘liability’ arises. If the arrangement is part of a ‘house rule’ or ‘policy’, those two things are not enforceable.
Perhaps, though, it is not a by-law arrangement. It may be a contractual matter, a service level agreement, or another arrangement the onsite manager has as part of their management agreement. Some clarity is required here from the onsite manager and committee, and I suggest you ask both parties for some details about the nature of the deposit and on what basis it is being requested. This may be contained in meeting minutes or your community management statement.
I will add that if there have been issues with the use of the community room that have necessitated the ‘cleaning deposit’, then that’s a slightly different matter and one which the committee and all owners and occupiers (tenants) will need to be involved in. While the body corporate, via its committee, has a responsibility to manage common property, owners and occupiers also have an obligation to use common property appropriately and can be held liable for damage.
This is general information only and not legal advice.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898