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Caretakers

In some strata schemes, the owner’s corporation may elect to appoint a caretaker or building manager to assist with common property management. At The Strata Agency we believe it’s important to understand the distinction between a caretaker and the role of your Strata Manager.

While there are no laws requiring the engagement of a caretaker, the role of a caretaker is bound by state legislation, under Part 4A of the Strata Schemes Management Act 1996.

A caretaker is a person who is entitled to exclusive possession (whether or not jointly with another person or other persons) of a lot or common property and assists in exercising any one or more of the following functions of the owners corporation for the strata scheme concerned:

1. managing common property,
2. controlling the use of common property by persons other than the owners and occupiers of lots,
3. maintaining and repairing common property.

Caretakers are permitted to assist the owner’s corporation manage common property areas, handle tradespeople and non-residents that use common property and for the general maintenance, repair and upkeep of common property areas. Caretakers do not have the authority to enforce by-laws passed by the corporation.

Caretakers must be appointed in writing under a caretaker agreement. The contract is limited to 10 years by law, but may be renewed if both parties are in agreement.

Like many strata issues, resolution of any disputes between the caretaker and the owner’s corporation are heard at the Consumer, Trade and Tenancy Tribunal. The owners corporation can seek resolution regarding the caretaker’s unsatisfactory performance, unwarranted charges and whether the agreement is too oppressive. The Tribunal has the power to terminate the agreement, order compensation, change the terms of the agreement or dismiss the application.

If you have any questions regarding caretakers, do not hesitate to contact your Strata Manager at The Strata Agency.