Question: Our caretaking agreement says the caretaker must keep all common property keys. The body corporate passed a motion that the caretaker must hand copies to a committee member. Does the caretaker need to comply?
Our caretaking agreement states the caretaker is to keep possession of all keys to the common property. It does not state that any committee member must hold a copy. The body corporate passed a motion requesting the caretaker provide copies of all common property keys to one appointed committee member.
Should the caretaker provide copies of all keys to this appointed member? We understand that the keys are body corporate assets. However, the body corporate and the caretaker signed the caretaking agreement, which clearly states that the caretaker is to keep possession of all common property keys, and no one else. The caretaker is concerned about potential uncontrolled risks if others hold the keys. How should this situation be handled by the caretaker?
Answer: The caretaker shouldn’t hand the keys over unless the agreement is formally amended, or the body corporate releases them from liability for doing so.
Without reviewing the entirety of the agreement, it is difficult to provide a complete response. Usually there would be a duty in the agreement also requiring the caretaker to comply with the directions of the body corporate.
However, generally, in circumstances where the committee is asking the caretaker to do something that would place them in breach of the agreement, it would be sensible for the caretaker only to comply in circumstances where:
- the agreement was amended to reflect the new arrangements; and/or
- the body corporate gave releases to the caretaker in relation to any:
- breaches of the agreement for handing over the keys; and
- liability for the keys that were provided to the committee member.
This post appears in the October 2026 edition of The QLD Strata Magazine.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753
