Disagreements between a Committee and a Caretaker can and do occur. However, when conflict escalates, the focus must remain on what the law requires, including properly administering and maintaining the scheme.

All community titles schemes in Queensland operate under the Body Corporate and Community Management Act 1997 and the applicable regulation module, commonly the Body Corporate and Community Management (Standard Module) Regulation 2020.

Under this legislation the Body Corporate must administer, manage and control common property. This comes with the obligation for a Body Corporate to maintain common property and body corporate assets in good condition and act reasonably in decision-making.

The Committee are elected to perform the duties of the Body Corporate, with some limitations outlined in the legislation, and when doing so committee members must comply with the statutory Code of Conduct, including acting honestly, fairly and in the best interests of the Body Corporate.

If a contractor, including a Caretaker is underperforming, this does not remove the Body Corporate’s statutory duty to maintain. Delays caused by dispute do not excuse non-compliance. If maintenance is not being carried out, the Committee must take appropriate steps under the caretaking agreement, including, but not limited to, reviewing duties against the contract, documenting objective performance concerns, issuing formal notices if required, and following contractual performance review processes. A breakdown in relationships does not remove legal responsibility.

Email conflict and personal disagreement do not resolve maintenance issues. The legislation requires decisions to be reasonable and in the best interests of all owners, not individuals. It is therefore important that the priority must remain on meeting statutory obligations, ensuring maintenance is completed, protecting asset value and minimising dispute exposure. Failure to act may expose the Body Corporate to adjudication, court proceedings, increased costs, safety risks and insurance implications.

Your Body Corporate Manager, will help you to continue to facilitate structured communication, ensure legislative compliance, and guide your Committee through appropriate performance and dispute resolution processes where required, encouraging the Body Corporate and the Committee’s focus to remain on lawful administration and maintaining the scheme for the benefit of all owners.