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Question, who employs a caretaker to manage a building. Is it the owner’s executive commitee, the owner’s corporation, or the specific strata management agency of that building. And are wages paid to a care taker via quarterly admin fees, or by levies?
Just confused about who caretakers/building managers, in a building are actually employed by! Do caretakers have the ability to make, or enact By-laws or is that the owner executive commitee. I have always wondered who a building manager/caretaker reports to and is there Boss, and some of the basic authority they have in a building they help with the operating off.
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A building manager (BM) is employed by the Owners Corporation (OC). Generally he is ‘recommended” by a Strata Manager or by members of the owners Corporation who may have had dealings with him/her or he/she was recommended to them by organisations such as the OCN. Their ‘boss” is the OC via the Executive Committee (EC) who make decisions on behalf of the owners Corporation. Their role is many and varied but generally is ion a contract basis and this contract should (I believe) be available for all stakeholders to read at any time. The Contract should be easy for the OC to revoke and not convoluted. Clear Scope of Works. Very limited authority to spend OC money without clear approvals in writing and zero conflicts of interest.
Matt
Your question highlights a number of common misconceptions about strata – don’t worry, you are not alone.
Firstly, the overriding power in a strata scheme is the owners corporation (OC) in General Meeting. The executive committee (EC) acts on the Owner’s Corps behalf but its decisions can be rescinded or directed by the OC. In other words the Owners Corp in general meeting is the boss of the EC.
The strata manager (SM) can only act as instructed by the Owners Corp or EC although the SM may have delegated powers to act as and when required. These delegated powers can be removed or over-ruled in specific instances by the Owners Corp or EC. In a dispute over what to do in a specific situation, the Owners Corp rules.
The caretaker can be instructed by the strata manager to undertake certain duties but they can only be within the terms of their contract. The care taker can also be instructed by the EC (as the Owners Corps representative) to fulfill specefic duties under the terms of their contract.
The detail of the contract is the beginning and end of the relationship with the caretaker. For instance, the contract could conceivably state that the caretaker only takes instruction from the strata manager (or EC chair … or whoever).
The caretaker can’t create by-laws and neither can the EC. Only the Owners Corporation in a General Meeting can agree to or “enact” by-laws (and even then by a 75 percent vote in favour).
Hope this clarifies a few things for you.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Thanks Jimmy makes sense good advice, cheers.
the other important point is that a caretaker/building manager can only be appointed by the owners corporation at a general meeting.
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