Care Taking

Published: 30 August 2006.

Caretaking is about looking after the common property.

The caretaking functions are set out in some detail in most agreements.

The most important thing about caretaking is to know whether the agreement requires you to actually do the caretaking work or to supervise others doing the work. People talk about "do agreements" and "supervisory agreements".

Where the duty must be performed by the Manager, you must do the work personally or pay staff yourself.

If the agreement is supervisory, then work is actually done by employees or contractors paid by the body corporate. You or your people must supervise this work.

Generally with supervisory agreements even though the body corporate pays the workers, you have the right to hire and fire. It's hard to be an effective supervisor if you don't have that right.

You will receive a salary from the body corporate for caretaking. Usually this is paid each month. Depending on circumstances you may pay your own tax or it may be deducted from the salary.

Tips:

  • In addition to what the agreement says, find out exactly what the current caretaker is doing and make sure you do it just as well if not better.
  • Make sure your caretaking salary goes up each year. The salary should at least be linked to the consumer price index (CPI) to keep pace with inflation.
  • Check who pays for the material and equipment necessary to do the caretaking work. Is it you or is it the body corporate?
  • Keep a log book of what you do so at any time you can justify your caretaking salary. Remember, absentee owners do not see all the work you do and resident owners can take it for granted.

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The information contained in this web site is for general interest only, it is not intended as legal advice, nor are we qualified to provide such advice. Users should always seek professional advice from qualified solicitors.

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