Caretaking Agreements

A Caretakers Agreement sets out the list of duties which the caretaker is required to undertake in respect of the common property.

The care-taking agreement is the most common way that a body corporate discharges its obligations under the Body Corporate and Community Management Act (“BCCMA”) for repair and maintenance of the common property.  The care-taking agreement, as its main function, makes provision for care-taking services to be provided by the caretaker to the common property.  The caretaker is paid a remuneration fixed under the care-taking agreement for the provision of the care-taking services.

 

The care-taking agreement is usually the single most expensive item in the annual budget for a body corporate. Disputes that arise between the body corporate and managers often relate to issues about the performance of caretaking duties. 

Common service provide for past clients 

  • Advice on length of management rights

  • Legal due diligence for the transfer of management rights

  • Challenging unlawful management rights agreements

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