Question: Our new onsite managers agreed to a caretaker work plan when buying the management rights. Would this plan now be considered part of their contract and can it be added to the caretaker duties?
Our new onsite managers agreed to a caretaker work plan when buying the management rights.
The work plan covers areas such as clerical, mowing, trimming hedges and edges, cleaning driveways. This plan was developed by the new managers. Would this plan now be considered part of their contract and can it be added to the caretaker duties to be used in conjunction with current duties statement for future managers.
Answer: A fair bit hinges on what and how it was done, but usually the answer would be ‘no’.
A fair bit hinges on what and how it was done, but usually the answer would be ‘no’. It could be an interpretation of what is in the agreement, but unless it actually forms part of the agreement it probably isn’t likely to be legally enforceable as part of it. It does depend a lot on how the document was created and the framework of that discussion and the documents relating to the assignment itself.
This post appears in Strata News #459.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
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