What are caretaking service contractors?

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A Caretaker, also known as a Building Manager or Onsite Manager, is classified as a service contractor under the Body Corporate and Community Management Act. Depending on the size and complexity of the scheme – including the number of lots, extent of common areas, and the nature of assets and facilities, bodies corporate may engage a caretaker through a formal agreement. This agreement outlines specific duties and responsibilities the caretaker is required to perform, with remuneration paid from the body corporate’s administrative fund.

Just as no two bodies corporate are the same, caretaker agreements also vary significantly. Factors such as duties, the term of engagement, and the level of remuneration differ depending on the needs of each scheme and the applicable legislative module. For instance, schemes governed by the Standard Module can only engage a caretaker for a maximum term of 10 years, whereas those under the Accommodation Module may have agreements lasting up to 25 years.

Caretakers are engaged to manage and/or maintain aspects of the body corporate’s common property, which sometimes leads to the misconception that they are solely responsible for its upkeep. However, their responsibilities are limited to the scope defined in their agreement and do not encompass all aspects of property maintenance.

In this article, we will clarify the distinct roles and responsibilities of both the caretaker and the body corporate in maintaining common property.

Are caretakers responsible for maintaining the common property?

The responsibility for maintaining common property within a body corporate scheme lies with the body corporate itself. This means all lot owners collectively share the obligation to ensure these shared spaces are kept in good condition. A body corporate then elects a committee, and the committee becomes responsible, generally speaking, for the upkeep of the scheme.

Is the caretaker a member of the body corporate committee?

Yes. Whether a caretaker is a lot owner or not, they are a part of the body corporate’s committee but as a non-voting member. Collaboratively, a caretaker and a committee can discuss how the scheme is being maintained, what improvements could be made and what maintenance works are scheduled to occur in the short, medium and long term.

What tasks, services or duties does the caretaker’s agreement include?

There is no one-size-fits-all list of caretaker duties defined by body corporate legislation. Instead, their responsibilities are determined by the specific terms set out in the agreement between the caretaker and the body corporate.

Typically, this agreement includes a schedule of duties depending on the scheme’s unique needs. These may include cleaning, general maintenance, and managing shared facilities. For tasks outside the agreement, the body corporate and caretaker can work together to create a plan, emphasising the caretaker’s ongoing involvement with the committee, even as a non-voting member.

For tasks outside the agreement, the body corporate and caretaker can work together to create a plan, emphasising the caretaker’s ongoing involvement with the committee, even as a non-voting member.

Any additional tasks not included in the caretaker’s agreement  should be discussed with the committee before being undertaken. Depending on the body corporate’s approved spending limits, some may also require approval from lot owners at a general meeting.

Certain work may require the expertise of a specialist or licensed tradesperson. While routine tasks like changing a lightbulb or pressure cleaning a pathway might be manageable for a caretaker, more technical jobs often require professional contractors.

To gain a clear understanding of your caretaker’s agreed responsibilities, refer to the schedule of duties within the caretaking agreement. This document provides a detailed breakdown of the caretaker’s obligations, ensuring transparency for both the caretaker and the body corporate.

Caretakers and committees

The legislation recognises caretakers as non-voting members of the body corporate committee, underscoring the importance of collaboration and communication between caretakers and committees. Together, they must work in the best interests of the body corporate to ensure it operates smoothly, effectively, and efficiently.

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