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Caretaking Duties

Changing Caretaking Duties & Other Variations

Over time it is common for the needs of a strata scheme to change, and this often means that the caretaking duties that were put in place when the scheme was created need to be updated. Sometimes the duties contained in Management Rights agreements are too generic or vague, and neither the manager nor the owners are able to agree on how they should be interpreted. These issues can often lead to disputes between the manager and the owners.

Regardless of why the manager or the owners want to change the caretaking duties, the process is largely the same in all States. The changes being sought are voted on at a general meeting of the Body Corporate, and if agreed are recorded in a deed. Although this may sound simple at first, the reality is that in most cases it takes several months of negotiation between the manager and the owners before a motion even makes it on the agenda of a general meeting.

The Management Rights team at Small Myers Hughes regularly deal with the challenges involved in renegotiating and drafting new caretaking duties, and are experienced in achieving practical results for both managers and owners. Our team regularly liaise and work with the top industry specialists who conduct onsite time and motion studies for Management Rights businesses to ensure the best quality outcomes for our clients.

Along with making changes to the caretaking duties, it is also possible to change virtually all aspects of Management Rights agreements if both the manager and the owners are willing. Common requests we assist with include inserting rights to exclusively use common property, changing reception hours and changing requirements to own a lot or live onsite.

Management Rights agreements are intended to last decades, but as services evolve and demands change, it is almost inevitable that the agreements will need to be changed in some way or another sooner or later. The Management Rights team at Small Myers Hughes are ready to help you when that need arises.