{"id":1658,"date":"2026-07-27T13:45:46","date_gmt":"2026-07-27T03:45:46","guid":{"rendered":"https:\/\/www.abkj.com.au\/articles\/?p=1658"},"modified":"2026-07-27T13:45:46","modified_gmt":"2026-07-27T03:45:46","slug":"remedial-action-notice-body-corporate-queensland","status":"publish","type":"post","link":"https:\/\/www.abkj.com.au\/articles\/remedial-action-notice-body-corporate-queensland\/","title":{"rendered":"When Can a Body Corporate Issue a Remedial Action Notice to a Caretaker?"},"content":{"rendered":"

Disputes over caretaker performance often begin with recurring concerns about cleaning, gardening, pool care, routine maintenance or the reporting of defects. If those concerns remain unresolved, a body corporate<\/a> may consider issuing a Remedial Action Notice, commonly referred to as a RAN.<\/p>\n

A RAN is not simply a formal letter of complaint. It is part of a statutory process which may ultimately lead to the termination of the caretaker\u2019s engagement. Bodies corporate should therefore proceed carefully before issuing one.<\/p>\n

When can a RAN be issued?<\/h2>\n

The caretaker\u2019s duties will usually be set out in a written caretaking agreement between the body corporate and the caretaker. The agreement may include detailed schedules specifying the work to be performed, how often it must be done and the standard required.<\/p>\n

Caretaking agreements are also governed by the Body Corporate and Community Management Act 1997<\/a> and the regulation module applying to the particular scheme.<\/p>\n

The legislation generally allows a body corporate to issue a RAN in circumstances including where a caretaker:<\/p>\n

engages in misconduct or is grossly negligent in performing its functions;
\nfails to carry out duties under the caretaking agreement; or
\ncontravenes an applicable code of conduct.<\/p>\n

For example, the process is set out in reg 152 of the Body Corporate and Community Management (Standard Module) Regulation 2020. The other regulation modules contain corresponding provisions.
\nA RAN will commonly arise after performance concerns have already been raised with the caretaker and have not been resolved. It should not ordinarily be the first communication the caretaker receives about the issue.<\/p>\n

Start with the caretaking agreement<\/h2>\n

The first question is not simply whether the committee is dissatisfied with the caretaker\u2019s performance.<\/p>\n

The body corporate should ask:
\nWhat duty was the caretaker required to perform, and what evidence shows that the duty was not performed?<\/p>\n

Every caretaking agreement is different. Some agreements contain detailed schedules stating exactly what must be done and how often. Others impose broader duties concerning the cleanliness, presentation or maintenance of common property.<\/p>\n

For example, a general complaint that the gardens are untidy may not be enough. The body corporate may need to identify:<\/p>\n