A body corporate is ultimately liable to look after its own affairs. However, a body corporate can hire certain types of people to undertake various specialised tasks. These types of engagements have special requirements under statute where, if they are not complied with, then the engagement will be invalid. This is for consumer protection to protect the body corporate.
A body corporate manager can have different functions. Depending on their engagement, they can either provide financial services, or they can provide a full suite of services such as issuing budgets and contribution notices, issuing meeting notices, looking after body corporate records, and undertaking secretarial functions and even committee functions of the secretary, chairperson and treasurer. These agreements usually have a 3-year maximum term limit.
A service contractor is someone appointed for a period of at least 1 year to carry out services for the body corporate, such as mowing, grounds maintenance, and the like. These agreements usually have a 10-year maximum term limit, or up to 25 years for the Accommodation Module.
There can only be one letting agent appointed for a scheme. The letting agent works for the body corporate to let out units in the scheme. However, lot owners are not obligated to use the letting agent, but there usually is a benefit in doing so given the letting agent’s access to the scheme. These also have 10 or 25-year term limits.
Some people use the term ‘caretaker’, but this is a specific term which is actually a ‘caretaking service contractor’. This is someone who is appointed to be both a service contractor and a letting agent. They carry out both the obligations of a service contractor and a letting agent, and generally maintain the scheme and let units out.2
This article is intended as general information only and should not be relied upon as legal advice. For specific legal advice please contact us here.