Caretaker or Committee? Who Decides What in a Queensland Scheme, and Where Onsite Managers Get Caught Out

Every Queensland onsite manager knows the moment: an owner corners you in the car park and asks you to "just approve" an air-conditioner on the balcony, waive a fee, or ban a neighbour's visitor parking. It feels quicker to say yes. Under the Body Corporate and Community Management Act 1997 (BCCM Act) and its regulation modules, it is often not your call, and getting it wrong can put the management rights business itself at risk.

The committee acts for the body corporate

Section 100 of the BCCM Act says a decision of the committee is a decision of the body corporate, and the committee must act reasonably. The caretaking service contractor is engaged to perform duties under its caretaking agreement. It is not a substitute committee. If an owner wants a decision about common property, by-laws or levies, the manager's job is to route it to the committee or body corporate manager with the facts.

Some decisions are off-limits even for the committee

The regulation modules list "restricted issues" the committee cannot decide alone. Under section 44 of the Accommodation Module (section 52 of the Standard Module), these include fixing or changing contributions, changing owners' rights, privileges or obligations, matters needing a general meeting resolution, and starting most legal proceedings. If the committee cannot decide it, an onsite manager certainly cannot.

The code of conduct applies to you

Schedule 2 of the BCCM Act is the code of conduct for body corporate managers and caretaking service contractors. Among other things, it requires a caretaker to:

• have a good working knowledge of the Act and the code relevant to their functions;
• act honestly, fairly and professionally, and not unfairly influence committee elections or body corporate motions;
• exercise reasonable skill, care and diligence;
• act in the best interests of the body corporate unless unlawful;
• keep the body corporate informed of significant developments;
• avoid misleading and unconscionable conduct, and obtain goods and services at competitive prices.

Letting agents have a separate code in Schedule 3.

Why it matters: remedial action notices

Under section 142 of the Accommodation Module (section 152 of the Standard Module), a body corporate can terminate a caretaking engagement if the contractor fails to carry out duties or contravenes the code, but only after a written remedial action notice giving at least 14 days to fix the issue, followed by an ordinary resolution decided by secret ballot. That process protects managers too, but only if your records show the duties were done.

Practical takeaways for onsite managers

1) Know your agreement. Your duties schedule, not owner expectations, defines your role.

2) Route, don't rule. Pass by-law, levy and common property requests to the committee in writing.

3) Never campaign. Stay out of committee elections and motions beyond factual information.

4) Report early. Significant issues (safety, damage, contractor problems) go to the committee promptly and in writing.

5) Keep a duty log. Dated records of completed duties are your best answer to any remedial action notice.

6) Quote competitively. Keep evidence of quotes for goods and services supplied to the body corporate.

Clear lines between caretaker and committee keep schemes running smoothly and protect the value of the management rights.

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Sources: Body Corporate and Community Management Act 1997 (Qld), s 100 and Schedules 2 and 3; Body Corporate and Community Management (Accommodation Module) Regulation 2020, ss 44 and 142 (Standard Module equivalents ss 52 and 152), as in force on legislation.qld.gov.au, 2 November 2026.

General information only, not legal advice. Your scheme's regulation module, caretaking agreement and facts will affect the outcome. Seek advice from a strata solicitor, your body corporate manager or the BCCM Office.