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Administrator
Posted 29-11-2011
Does the Committee have the authority?
Email submission: Does the Committee have the authority to stop to pay caretaker 's ( manager ) salary? What legal procedures must they follow before they stop management fee? What can I do if they already did? The Committee's decision just come from some members informa l email, is invalid?
Updated on 29-11-2011
Vannessa Pellatt
posted the reply 29-11-2011
Hi,
Unfortunatly they dont. If the caretaker is failing in their duties then they must have a breach notice to rectify the issues. No informal meeting is valid, unless ratified at a formal meeting or flying minute. If the Body Corporate do not have a really serious reason (and even that is questionable) then the Caretaker can sue for costs for the length of contract and that could be 20 to 25 years worth- it doesnt end there - the Owners can then sue the Committee under the Office Beares Liability Insurance for putting the Body Corporpate in that postion.
If you are the Caretaker, my suggestion is - DO YOUR JOB to the best of your ability and contract. Rectify the issues that have casued them to make this decision. If that fails and they are still withholding monies, seek legal advice - immediatly......
Of course there is a lot more involved, however that is the simple scary side to it. Try and seek a resolution - educate everyone involved. We all have to live together and sometimes thats tuff, but there is always a way to sort things out without having to go down these roads.
Good Luck.
Vannessa