New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 37

37 Delivery of property of association

(1) The executive committee of an association may serve on a person in possession, or having control, of personal property of the association written notice of a resolution of the committee requiring the person to deliver the property to a named member of the committee not later than 7 days after service of the notice.

(2) The person served with the notice is guilty of an offence unless the notice is complied with not later than the prescribed time after service of the notice.

: Maximum penalty--20 penalty units.

(3) If a managing agent appointed by an association is served with a written notice of a resolution of the executive committee ending the appointment, the managing agent is guilty of an offence unless, not later than the prescribed time after service of the notice, all personal property of the association in the possession or under the control of the managing agent is delivered to a member of the executive committee named in the notice.

: Maximum penalty--20 penalty units.

(4) If a person has a right to possession of property conferred by a lien or otherwise, this section does not apply to the property.

(5) A notice under this section may be served--

(a) personally or by post, or

(b) by leaving it at the place of residence or business of the person to be served with someone who seems to be at least 16 years old.

(6) In this section--

"prescribed time" , in relation to a notice, means--

(a) the time, being not less than 7 days, stated in the notice, or

(b) such further time as may be allowed by the person to whom the notice requires the property to be delivered.