Question: How can we address the declining performance of our aging caretaking service contractor and mitigate the negative impact on our strata complex?
Our caretaking service contractor (CSC) in our 50+ complex has been performing their duties poorly for a few years. As the CSC is close to 80, they show signs of dementia. They forget things and angry easily if questioned. This results in poor compliance issues, contractors not wanting to work at our building, and angry discussions with owners if they want a new access card, etc. Basically, the caretaker has become a recalcitrant volcano who only does what they please.
We have taken over some of the CSC’s duties like WHS actions and tried to manage as best we can. We ensure the caretaker does not manage major repair jobs. The caretaker finds this offensive and some uninformed owners think we are being unreasonable.
This is a full-time job. The committee is an older cohort that hasn’t the stamina or the will to manage this situation. What can we do?
Answer: Any issue that arises about the alleged non-performance of duties by the CSC has essentially two roads to follow.
This is a tricky, sensitive issue and I sympathise with you in dealing with it.
Approaching this firstly from a non-strata perspective, does the CSC have family or people close to him that could be discreetly spoken to about the situation? That may be one way to do things. If not and there is a suggestion that the CSC may not have capacity, then it may be the Office of the Public Guardian could be contacted for general information about the situation.
Otherwise, putting the purely-strata hat back on, any issue that arises about the alleged non-performance of duties by the CSC has essentially two roads to follow. Road one sees the committee engaging in negotiation, mediation, communication and generally, a process of working with the CSC to resolve performance issues or map out an appropriate exit strategy. Many of these things are, at the risk of being seen to be overly self-promoting, what Strata Solve does.
Road two sees the committee embark upon formal proceedings to remedy the situation with the CSC. Road two is a long, very costly and often very stressful one to follow, so you and the committee need to be sure you want to see it out. It will require legal advice.
As you quite rightly point out, it becomes a full-time job and you probably have reached a point where ‘do nothing’ is no longer a viable option. So you will need to reflect upon the above and make a decision. This will not be an easy thing, although the sooner you opt to do something, the better. In other words, you need to start the process.
This is general information only and not legal advice.
This post appears in the December 2024 edition of The QLD Strata Magazine.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898