New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 196

196 Orders for appointment of managing agent

(1) Order appointing or requiring the appointment of managing agent to exercise functions of association or strata corporation The Tribunal may, on its own motion or on application, make an order appointing a person as a managing agent or requiring an association or strata corporation to appoint a person as a managing agent--

(a) to exercise all the functions of an association or strata corporation, or

(b) to exercise specified functions of an association or strata corporation, or

(c) to exercise all the functions other than specified functions of an association or strata corporation.

(2) Order may confer other functions on managing agent The Tribunal may also order, when making an order under this section, that the managing agent is to have and may exercise--

(a) all the functions of the chairperson, secretary, treasurer or committee of the association or strata corporation, or

(b) specified functions of the chairperson, secretary, treasurer or committee of the association or strata corporation, or

(c) all the functions of the chairperson, secretary, treasurer or committee of the association or strata corporation other than specified functions.

(3) Circumstances in which order may be made The Tribunal may make an order only if satisfied that--

(a) the management of a scheme the subject of an application for an order under this Act or an appeal to the Tribunal is not functioning or is not functioning satisfactorily, or

(b) an association or strata corporation has failed to comply with a requirement imposed on the association or strata corporation by an order made under this Act, or

(c) an association or strata corporation has failed to perform 1 or more of its duties, or

(d) an association or strata corporation owes a judgment debt.

(4) Qualifications of person appointed A person appointed as a managing agent as a consequence of an order made by the Tribunal must--

(a) hold any licence issued under the Property and Stock Agents Act 2002 required to be held by a person exercising the functions of a managing agent, and

(b) have consented in writing to the appointment, which consent, in the case of a strata managing agent that is a corporation, may be given by the secretary or another officer of the corporation or another person authorised by the corporation to do so.

(5) Terms and conditions of appointment A managing agent may be appointed as a consequence of an order under this section on the terms and conditions (including terms and conditions relating to remuneration by the association or strata corporation and the duration of appointment) specified in the order making or directing the appointment.

(6) Return of documents and other records A strata managing agent appointed as a consequence of an order under this section must cause a general meeting of the association to be held not later than 14 days before the end of the agent's appointment and must on or before that meeting make arrangements to return to the association all documents and other records of the association held by the agent.

(7) Revocation of certain appointments An order may be revoked or varied on application to the Tribunal and, unless sooner revoked, ceases to have effect at the expiration of the period after its making (not exceeding 2 years) that is specified in the order.

(8) Persons who may make an application An application for an order under this section may be made by--

(a) a person who obtained an order under this Act that imposed a duty on the association or strata corporation or on the committee or an officer of the association or strata corporation and that has not been complied with, or

(b) a person having an estate or interest in a development lot, neighbourhood lot or strata lot in the scheme concerned, or

(c) the authority having the benefit of a positive covenant that imposes a duty on the association or strata corporation, or

(d) a judgment creditor to whom the association or strata corporation owes a judgment debt, or

(e) the Secretary.