Question: Should the caretaker use the resort pool during their designated working hours?
Is there an industry “standard” for a service contractor using the resort pool during their designated working hours? It is accepted that given the QLD heat, the on-site manager may wish to vary their hours to those specified in the agreement. That, in turn, may benefit both themselves and owners. However, it is hardly professional to have guests/people making enquiries faced by somebody in swimming attire who has left the pool to answer their enquiry. Can a committee set ground rules? On the one hand, the on-site manager is an owner by the management rights agreement, but there are wider implications.
Answer: There is no standard when it comes to MR agreements.
This is an intriguing query.
I take your point about ‘professionalism’, although I would counter that by saying that I think there would be some guests who would find it quite ‘authentic’ to encounter the management rights (MR) holder in this way. For example, it may signal that the MR holder is an avid proponent of the scheme and its facilities, which could be a useful marketing tool. That may of course be subject to the type of swimming attire they are wearing…
Putting that to one side for a moment, the reality is that there is no standard when it comes to MR agreements. They can vary greatly in scope and terms. If your agreement does not address this or any other specific MR situation, then it remains open to negotiation between the parties on how to address it. That said, if the parties cannot come to a resolution about the situation, and noting there is no scope to unilaterally change the terms of the MR agreement (it’s a contract, after all), then the only option left is the dispute resolution proceedings provided for under the Body Corporate and Community Management Act 1997 and in the MR agreement itself. To put it bluntly, you really don’t want to go down that path if you can help it – the time, cost and emotional toil involved is astronomical.
And yes, as you correctly note, the MR holder is often a lot owner, with the attendant rights that go with that (which in this case, mean access to and enjoyment of common property facilities). This is a point that sometimes gets lost in these types of discussions, so it is good you are cognisant of it.
Reading between the lines of your query, I suspect there are probably further concerns about the MR holder that you and the committee might hold. That of itself is neither uncommon nor surprising: it happens. It’s how you approach it from here that is vital. Strata Solve does a lot of work in this space, and you may (or may not) be surprised at how often communication and interpersonal relationships are at the heart of the issue and solution. Feel free to get in touch to find out more.
This is general information only and not legal advice.
This post appears in the March 2025 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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