Question: The on-site management rights are being sold. If the new caretaker outsources the work to contractors, is the new caretaker responsible if those contractors don’t keep the complex up to a satisfactory standard?
The on-site management rights are being sold and the new manager may very well outsource the work to contractors to do the cleaning, mowing, pool maintenance, grounds upkeep etc for the complex. If this is the case, is the new caretaker responsible if those contractors don’t keep the complex up to a satisfactory standard?
Answer: In almost all cases, yes.
In almost all cases, yes. The manager who has contracted with the body corporate to have the certain tasks performed is still primarily responsible for those duties being performed even if they are subcontracted out to a third party.
In most cases the agreement will also expressly provide for this position. There may also be an obligation on the manager to obtain the approval of the committee for any subcontractors but ultimately this will depend on the precise terms of the management rights agreement.
I would suggest that if this takes place the committee reviews the management rights agreement which will govern this situation.
This post appears in Strata News #612.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753