Whilst you (as caretaker/resident manager) will not be responsible for building defects in the scheme, you do play an important role in assisting the body corporate in identifying defects and managing the defect process.

A prudent resident manager / caretaking service contractor should:

• report building defects as they become aware of them;
• be aware of any building defects on site and the action the body corporate is taking;
• liaise with building inspectors, the QBCC and other contractors to conduct site inspections; and
• keep the committee informed of any change to the condition of the defects and any works being carried out.

Importantly, this role does not extend to project managing the repairs. Such a task is not something that a committee should expect a caretaking service contractor to perform as it is not within a caretaking service contractor’s expertise or duties in the caretaking agreement and requires a project manager’s licence under the QBCC Act.

Depending on the level of involvement the committee expects from the caretaking service contractor and the terms of the caretaking agreement the caretaker can be engaged to carry out a more involved process for an additional fee. However, this will not always be the case.

If your scheme is facing issues with the building defects or you have been asked to help manage the process, please do not hesitate to contact Mahoneys to discuss the factual circumstances of your body corporate.

This article was written by  Amy ODonnell from Mahoneys Lawyers and Advisors.