12–Apr–2026
Northmarque
In short:
- The caretaking agreement has not changed since September 2012.
- The agreement is available from the StrataMax portal operated by BC Systems, and has always been available in way or another.
- It is also available in this site’s Resource library or you can download it direct.
The Secretary explained that the agreement itself has not changed – it still refers to the original 2012 caretakers as the entity the body corporate has the agreement with and that is the agreement that Aspire Facility Services currently operates under.
How does the caretaking agreement still apply if the caretaker has changed?
The original caretaking agreement was entered into when the scheme was established. Like most legal contracts, it was made between the body corporate and a specific named entity – in this case, the original caretaker who both owned the caretaker’s lot and lived on site.
When a caretaking arrangement changes hands, the rights and obligations under the original agreement do not simply disappear and get replaced with a new one. Instead, they are formally transferred through two legal instruments:
A Deed of Assignment transfers the caretaker’s rights and obligations from the outgoing party to the incoming one. Think of it like a home loan being transferred from one bank to another — the terms of the loan do not change, but the party you are dealing with does.
A Deed of Variation records any changes agreed between the body corporate and the incoming caretaker at the time of transfer – for example, removing the requirement for the caretaker to live on site as agreed by owners in this case when the rights were assigned to Aspire Facility Services.
Together, these documents form a chain. The original agreement remains the foundation, but the deed of assignment and deed of variation sit on top of it and record exactly who is now responsible, and on what terms. The body corporate’s agreement is therefore with Aspire Facility Services, operating under the rights and obligations established by that chain of documents – even though the original agreement names someone else.
To be clear, this is standard practice in body corporate schemes across Queensland. It is not unusual, and it does not create any gap in the body corporate’s legal position.