Question: Our caretaker/letting agreement makes no specific reference to a substitute manager being appointed while our contracted manager takes annual leave or is off sick. Does a proposed substitute’s appointment require body corporate approval?
Answer: If the agreement is silent, the caretaker can likely install any employees or contractors to perform the work without the need for body corporate approval.
The answer to the question will depend on the balance terms of the caretaking agreement. There may be a clause that provides that any persons who perform the duties require the approval of the body corporate (or there is no need for approval).
If the agreement is silent, the caretaker can likely install any employees or contractors to perform the work without the need for body corporate approval. It might be worthwhile having the agreement reviewed in its entirely though to confirm.
This post appears in Strata News #657.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753