Can the caretaker of our resort use our swimming pool to run aquafit classes five times a week? These are open to the general public and the caretaker charges $10/person?
That will depend on the terms of the caretaker’s contract.
Largely, that will depend on the terms of the caretaker’s contract.
It may be that the contract does provide for these services to be delivered in this way. You may want to firstly make an enquiry of the committee – or indeed, the caretaker - to clarify. If not, then you may need to consider taking further action if you want to challenge this situation.
As a general rule, decisions about the use of common property are usually made at a general meeting, so you may want to check minutes or do a search of body corporate records on this issue. Use and enjoyment of common property is typically confined to owners and occupiers, as opposed to ‘visitors’ or ‘invitees’ although I stress it is sometimes very challenging to define these terms. It always depends on the situation.
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Chris is a strata unicorn: he is not a strata lawyer, manager or caretaker. He was Queensland’s Commissioner for Body Corporate and Community Management for over 5 years. That is the only role of its type in the world. Chris is also an owner in one strata scheme, and a tenant in another.
As Director of Strata Solve, Chris focuses on communications and strategic advice, rather than legal action, to solving strata problems. Strata Solve works with owners, committees, strata managers and caretakers to tailor practical solutions to stressful strata situations. Chris holds an Honours degree in Communications and is a nationally accredited mediator.
Chris is a regular contributor to LookUpStrata.
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