General and Specific Duties of Caretaker at Whitsunday Terraces resort, as listed in Schedule 2 of the Caretaker Agreement between Whitsunday Terraces CTS 28662 and Aqua Vista Resorts Management Pty Ltd.

A copy of the complete Caretaking Agreement (and the Letting Agreement) was provided to each Lot owner as part of their annual general meeting information, at the time Aqua Vista Resorts sold the Whitsunday Terraces Management Rights to Q Resorts in 2008. See pages 58 to 60.

The contents of the Caretaking Agreement and the Letting Agreement are Copyright 2008 by Teys Legal Pty Ltd. Under the Copyright Act, I can only provide extracts, not a transcription of the entire agreement.

The Caretaker shall personally or using properly trained contractors or employees attend to perform the following caretaking activities in respect of the common property, but only to the extent of the powers and duties of the Body Corporate:

1. Undertake gardening, cleaning, pool/spa maintenance, building maintenance or any other work whatsoever upon the common property that does not require the services of a skilled tradesperson.
2. Use its best endeavours to see that the common property is kept in good order and repair and advise the Body Corporate of any areas requiring attention to ensure the protection of the interests of the Body Corporate and the owners of the lots in the scheme.
3. Monitor compliance with the by-laws of the Body Corporate by the lot owners and occupiers (including their guests and invitees) for the time being of the lots in the scheme and report any ongoing breeches to the committee of the Body Corporate.
4. Regularly during each day inspect the common property to ensure than no unauthorised persons are using common property facilities and, so far as the Caretaker is reasonably and lawfully capable of doing so ensure that proper behaviour standards are maintained by people using common property.
5. Keep in the Caretaker's possession the master key or keys for any areas under the control of the Body Corporate PROVIDED HOWEVER that the possession of those keys shall be surrendered to no person other than a duly authorised Body Corporate representative. The Caretaker shall allow any lawfully authorised person in the course of his duties free access to any part of the scheme as authorised at all reasonable times and as necessary in any emergency.
6. Report promptly to the committee of the Body Corporate on all things requiring repair and on all matters creating a hazard or danger and take remedial action where applicable.
7. If the Caretaker elects not to carry out the maintenance personally or by employees, arrange maintenance contracts (at the cost of the Caretaker) and ensure that any such contracts in force re carried out in accordance with their terms and for this purpose maintain a schedule of contractors with the due dates for service calls and dates of attendance which shall be made available to the Body Corporate upon request.
8. Compile and maintain a list of all items on the common property which require regular maintenance and keep a record of work performed with respect to such items, which list and records shall be produced upon request of the committee of the Body Corporate.
9. Compile and maintain a register of assets of the Body Corporate.
10. Obtain quotes for repairs, replacements, materials and services and complete insurance claim documents as requested and where appropriate for the Caretaker to do so.
11. Comply with and carry out all reasonable directions from time to time given by the Body Corporate to the Caretaker in and about the control, management and administration of common property.
12. At all times, ascertain and be aware of the general condition of the common property and all machinery and appurtenances so that at all times the Caretaker is able to keep the committee informed as to its condition.
13. The Caretaker will inform himself/herself of the layout, construction, location, character, plan and operating of lighting, heating, plumbing, ventilation systems and other mechanical equipment installed on the common property and shall advise the Body Corporate generally on its condition from time to time and shall recommend to the committee of the Body Corporate should the Caretaker consider it necessary, any changes or modifications to be made.
14. Supervise any contractors engaged by the Body Corporate and ensure that the terms of those contracts are properly and adequately carried out.
15. Ensure that all relevant workplace health and safety legislation has been complied with and advise the Body Corporate of any breeches.
16. Be contactable outside of office hours for the purpose of attending to any emergencies.
17. Assist the Body Corporate in preparing budgets.
18. Advise the Body Corporate of any items that require expenditure and check and certify all invoices requiring payment by the Body Corporate.

In relation to general duty a:

Daily

• Sweep and mop out the common property areas around reception.
• Clean toilets behind reception, replacing toilet paper and odour control blocks as required - the toilets are monitored throughout the day.
• Vacuum both pools and spa, testing water, adding chemicals as necessary. Note any maintenance that is required and take action as necessary. When required, take water sample to chemical supplier for more accurate testing.
• Check the barbeques and clean as necessary, emptying grease container as required.
• Hose (where lawful) footpaths and car park or otherwise ensure they are clean.
• Take in and put out all rubbish located on common property - cleaning as necessary.
• Monitor security and ensure cameras are working correctly - inspect the scheme on a regular basis.
• garden maintenance as required - trimming of small trees and bushes, weeding, cutting of grass, removal of palm fronds. The Caretaker carries out small upgrading works however major pruning of trees and the removal of coconuts is carried out by a local contractor at the cost of the Body Corporate.

Weekly

• Keep the car park clean and free of litter and remove all stains as necessary.
• Vacuum stairs to the Mayfair and Piccadilly Suites.
• Clean pool furniture with chemicals.
• Inspect for light failures and replace as required.

Monthly

• Check for appropriateness the various clock timers.

Annually

• Engage and supervise contractors to carry out major pruning of trees and removal of coconuts.
• As required, but at least annually, hire high pressure water blaster and clean car parks. Note the cost for the hire of the equipment is a Body Corporate expense, but the labour cost is borne by the Caretaker.
• As required, but at least annually, hire equipment to pressure clean pathways, steps and other concrete areas. Note the cost for the hire of the equipment is a Body Corporate expense, but the labour cost is borne by the Caretaker.

In relation to general duty b:

In addition to the above routine maintenance, generally inspect the scheme and endeavour to locate problem areas and advise the committee of the Body Corporate as required.

Examples include:

• Fencing
• The removal and replacement of timber steps.
• Waterproofing of units.
• The removal and replacement of railings, brackets and posts to walkways and balconies.
• Clean sun lounges, inspect for damage and repair or replace, as required.
• The removal of dangerous wildlife where possible (snakes, wasps, etc).
• The reporting of problems associated with the water and penetration into the walkways and concrete slabs.
• The reporting and action taken on the problems associated with termites.

In relation to general duty c:

All guests and tenants, where the Caretaker manages the unit, are made aware of the by-laws of the Body Corporate. The Caretaker has no input into the letting of other units where the owner has chosen not to place them in the hands of the caretaker. Any occurrence, report to the agent with a copy to Body Corporate and owner.

In conjunction with the security contractors and police respond to all complaints taking action as necessary.