When a new community title scheme is established the developer has an obligation - to both the body corporate and the caretaker - to ensure the caretaking agreement is appropriate for the scheme.

It is not uncommon for bodies corporate and caretakers to have issues with the caretaking agreements and remuneration in new schemes, and we regularly act for bodies corporate where:

• the schedule of duties is not appropriate or tailored to the needs of the scheme (for example, we have seen agreements that refer to pools and lifts when the scheme had neither!);
• there is a divergence between the extent of the duties and the remuneration that the body corporate is required to pay (this can result in the body corporate underpaying or overpaying for services).

In his latest article, Ben Seccombe discusses the often overlooked legal right to review a caretaker's duties and remuneration...