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Hi everybody
I’m not happy with our building’s caretaker/building manager in our building for many reasons. He is a non-live in caretaker, just comes to work on the building Mon-Friday, as it’s an old style high rise 1970’s building.
I find his “real authority” is that of a “High School Janitor” but acts like he is the headmaster.
I find his attitude, bullying, he is nosey, sensitive to critiscm eg if you ask him to not slam doors on common property or the garbage bins, but is happy to ask others to be quiet. He tries to ignore and sweep “common property” problems under the carpet, and yep he is only human like everyone else and can be prone to being biased (much friendlier to those in the building he likes on a personal level, as opposed to not liking).
I believe he’s employed on a full-time basis.
But yes I as an owner want him sacked, and not even cautions, I find there’s a litany of “duty of care” problems he has done over a 5-year period since he’s been the caretaker, and his attitude about dealing with “common property issues” is amatuer hour level rather than professional. The last building manager, had much better communication skills, friendly to everyone, and better dealing with crisis management.
So yep If I want hims sacked, what are the processes, especially if I get no support from my OC Executive commitee?
If they ignore my request, what is the next legal step to “attempt” to terminate his employment? And what are the caretakers basic legal rights, in defending himself.?
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I assume the OC employs the caretaker through the EC. If there are many duty of care aspects of common property that are not being maintained, then the first thing I would do is write to the EC to ask that the common property be maintained, specifying the problems. The OC, through the EC, has an obligation to maintain the common property. If the EC is not requiring the maintenance to be done, then they are the problem. If the EC is trying but the caretaker is not following their direction then you may have allies. Ultimately, you can put a motion to a general meeting. The EC must act on the direction of a general meeting (unless it would be illegal).
Matt – if you’re in NSW, a strict interpretation of Sect 40A of the Strata Schemes Management Act would suggest that your “caretaker” is actually someone who’s been engaged by your Owners Corporation (O/C) to perform cleaning and maintenance duties; somewhat akin the Janitor to you glibly referred to in your post.
Whatever the nature of the person’s appointment, it should have, at least initially, been formalised in some way such as via a a scope-of-work or even a Caretaker Agreement under Sect 40A, and your O/C or Strata Manager should only be making agreed payments in accordance with that and/or on the basis of submitted invoices.
Whilst your O/C could terminate its “caretaker” by a simple majority resolution taken at a General Meeting, I’d suggest that in the first instance you ascertain the terms of their appointment, any conditions attached to that such as them holding an ABN, liability insurance, and properly invoicing for services completed, and critically if there are any formal termination provisions in place.
That information should indicate how you and like-minded Owners should best proceed, but feel free to come back if you then need any further information or advice.
Matt – as I suggested, I don’t think that the person your Owners Corporation (O/C) “employs” is a caretaker, but if in whatever capacity, they are in fact employed as opposed to being a contractor with their own ABN and Liability Insurance (workers compensation), then that’s even more reason for you to ascertain those details due to the likely impacts upon the O/C’s compulsory insurance coverage, and its funds should that person injure themselves in the course of their “employment”.
As for your access to the “contract”, being a Strata Owner is like being a shareholder in a public company with your Executive Committee in the role of a Board of Directors, and as such you’re entitled to examine and if necessary take copies any and all papers and records of your Owners Corporation as are held and maintained by its Strata Manager.
That entitlement is given under the provisions of Sect 108 of the NSW Strata Schemes Management Act, where the regulated fee is currently $31 for the first hour, and an additional $15 for each half-hour or part of half-hour thereafter, plus any administrative fee that your Strata Manager may charge such as for photocopying.
So write to your Strata Manager explaining precisely what it is that you wish to inspect, enclose the $31, and get cracking.
One final observation, attitudinal issues aside perhaps your “caretaker” hasn’t been told what’s expected of them in terms of common property maintenance and repairs, and this may be an opportunity for your O/C to address that together with a review of their contract terms.
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