Contract with the Local Council to empty bins on common property
Recently it was decided at an AGM that the Strata Company would seek to enter into an agreement with the local City Council, to enter common property for the purpose of emptying the bins.
The benefit of this will see the Strata Company not have to employ a casual person to roll all the bins out weekly to the verge. The local City Council will do this provided they enter into a contract with the Strata Company, as they don’t want to be liable for any potential damage they may cause. Will your insurance cover this?
All agreements should be legally drawn up – so legal advice is paramount.
Before you enter into the contract, you must advise your insurer, as some indemnity clauses can prejudice your insurance policy and trigger exclusions. For example, your insurer may not indemnify you for all actions and claims where such arises from negligence by the Third Party performing the work and whom you have signed a contract with that contains a full indemnity, with no rights to recover from the Third Party part or all of the claim.
Insurers, if the contract/agreement is proportionate and acceptable, they may endorse the policy accordingly or confirm it is acceptable as per the policy.
