New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 50

50 Appointment of, and delegation to, managing agent

(1) An association may, by instrument in writing authorised by a resolution at a general meeting--

(a) appoint a managing agent, and

(b) delegate to the managing agent any function of the association or its executive committee, or of its secretary or other officers.

(2) Subsection (1) does not confer power to delegate--

(a) the powers conferred by that subsection, or

(b) the power to make a decision on a restricted matter, or

(c) the power to determine contributions by members or to make levies on them.

(3) An association may not appoint a person as managing agent unless the person holds any licence required by law to be held by a managing agent for the association.

(4) A community association, or a precinct association, that appoints a managing agent during the initial period may terminate the appointment at the first annual general meeting of the association.

(5) Subsection (4) does not authorise termination of the appointment of a managing agent earlier than 2 years after the appointment unless there is reasonable cause for the termination.

(6) A managing agent for a neighbourhood association who is appointed during the initial period ceases to be the managing agent at the end of the first annual general meeting of the association unless the appointment is ratified at the meeting.

(7) A community association or precinct association that appoints a managing agent during the initial period is guilty of an offence unless, before making the appointment, it informed the managing agent that the appointment could be terminated after 2 years.

: Maximum penalty--5 penalty units.

(8) A neighbourhood association that appoints a managing agent during the initial period is guilty of an offence unless, before making the appointment, it informed the managing agent that the appointment would terminate at the end of the first annual general meeting of the association unless ratified at the meeting.

: Maximum penalty--5 penalty units.

(9) In this section--

"restricted matter" means a matter--

(a) that may be decided by the association only by a unanimous or special resolution or at a general meeting, or

(b) that a general meeting of the association has decided may be decided only at a general meeting.