MichaelJackson2
Moonwalker
- Joined
- Dec 2, 2006
- Messages
- 131
- Gender
- Male
- HSC
- 2004
Hi all
Just a rather curious question seeing that the other day I heard that the dad of a friend of a friend of mine, who is the manager of a complex consisting of 25 units (takes care of gardening, keeping the place neat and tidy etc), has had his periodic payment for those services witheld cos apparently the body corporate members (who actually live within the complex, i.e. owners) thought he wasn't doing a crash hot job with making sure the area was free from mangoes that would drop off the nearby trees or something along those lines (eg bushes weren't trimmed to give it a ball shape lol).
Thought to myself, would his right to his witheld payments be governed by his contract with the body corporate (in which case we would ask classic questions of whether obligations were entire/divisible etc and whether or not the doctrine of substantial performance allows recovery, and other questions regarding whether the right to payment had 'accrued') or whether there is some special legislation that governs this area? Had a quick glance at http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpA97.pdf (Body Corporate and Community Management Act QLD) but didn't spot anything relevent.
Any ideas?
Cheers!
Just a rather curious question seeing that the other day I heard that the dad of a friend of a friend of mine, who is the manager of a complex consisting of 25 units (takes care of gardening, keeping the place neat and tidy etc), has had his periodic payment for those services witheld cos apparently the body corporate members (who actually live within the complex, i.e. owners) thought he wasn't doing a crash hot job with making sure the area was free from mangoes that would drop off the nearby trees or something along those lines (eg bushes weren't trimmed to give it a ball shape lol).
Thought to myself, would his right to his witheld payments be governed by his contract with the body corporate (in which case we would ask classic questions of whether obligations were entire/divisible etc and whether or not the doctrine of substantial performance allows recovery, and other questions regarding whether the right to payment had 'accrued') or whether there is some special legislation that governs this area? Had a quick glance at http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpA97.pdf (Body Corporate and Community Management Act QLD) but didn't spot anything relevent.
Any ideas?
Cheers!