This article about caretaking agreements and negative inflation has been supplied by Todd Garsden, Mahoneys.
As a general rule, the remuneration under a caretaking agreement increases every year. However with a negative annual inflation rate (or CPI), for only the third time in Australia’s history, bodies corporate and caretakers will need to approach any remuneration review with care. Normally the remuneration has only been able to increase, and that increase is based on:
- a calculation of the relevant CPI increase; or
- if the caretaking agreement contemplates it, the greater of:
- a minimum percentage increase; or
- the relevant CPI increase.
With annual inflation, for the twelve months to the June 2020 quarter, falling by 0.3%, it may not be as simple as applying the process outlined above as some caretaking agreements will have clauses that:
- contemplate a decrease in remuneration based on the CPI change; or
- prevent decreases so that any remuneration cannot be less than the previous period.
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No two caretaking agreements are the same, so a general rule cannot be adopted. It is therefore important for both bodies corporate (usually through the body corporate manager) and caretakers to make sure the correct calculations are carried out for the specific agreement, otherwise there may be adjustments (or disputes) many years down the track in relation to overpaid or underpaid remuneration.
Given the potential for errors to be made, both bodies corporate and caretakers should carefully read the terms of the caretaking agreement to identify whether the next period’s remuneration is going to decrease, stay the same or increase. If there is any uncertainty, advice from a lawyer should be sought.
Mahoneys have assisted many bodies corporate and caretakers in confirming what should take place with their remuneration for the next period.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
This post appears in Strata News #417.
Have a question about caretaking agreements and negative inflation or something to add to the article? Leave a comment below.
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This article has been republished with permission from the author and first appeared on the Mahoneys website.
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Hi Sharfe
I would like to see the entirety of the agreement to confirm but it appears that on 1 July each year the caretaker’s remuneration would increase by the last 12 months’ CPI amount.
Could please explain the “commencement date” as indicated in the agreement which said ‘Remuneration will be increased on each anniversary of the Commencement Date during the Term by the same perc…”
Here, the Commencement date refers to the date when every new caretaker who signs the agreement or the date as definitions indicated in the agreement 1st page: IT IS AGREED:- DEFINITIONS “Commencement Date” – July 1, 1998 Thank you.