This article discusses whether and how a body corporate can agree to remove a caretaker on-site living requirement from a caretaking agreement, including the approval process and service standard considerations.
Question: As caretakers of a body corporate in SEQ, we wish to move offsite. Our contract states we must live on site. How do we remove this clause from our agreement?
We are caretakers for a body corporate in SEQ. We have outgrown our current on site premises and wish to move into a bigger dwelling close by. It is a condition of our contract that the caretaker must live on site. How do we go about removing this from clause our agreement?
Answer: You’ll need to convince people that living offsite won’t change service standards.
The obligation to live onsite is a matter of contract. That means that if you want to remove that obligation the body corporate needs to agree to the variation of that part of your agreement by ordinary resolution – which is more votes for the change than against it from those who choose to vote. The biggest issue with this, in my experience, is convincing people that you living offsite won’t change the service standards that have been available in the past.
This post appears in the May 2022 edition of The QLD Strata Magazine.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
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