New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 54

54 Term of appointment of managing agents

(1) The term of appointment (including any additional term under an option to renew) of a managing agent for a scheme expires (if the term of the appointment does not end earlier or is not ended earlier for any other reason)--

(a) if the managing agent is appointed by the association at the first annual general meeting--at the end of the period of 12 months following that appointment, or

(b) in any other case--at the end of the period of 3 years following the appointment.

(2) A person may be reappointed by the association by resolution at a general meeting as the managing agent for a scheme at the end of the person's term of appointment.

(3) The appointment of a managing agent may be terminated in accordance with the instrument of appointment if authorised by a resolution at a general meeting of the association.

(4) The term of appointment of a managing agent may be extended by the association committee for successive periods of up to 3 months after it would otherwise expire (but not for any period that would extend beyond the date of the next annual general meeting of the association) pending a decision as to the reappointment of the managing agent.

(5) However, if an association committee has extended a term of appointment of a managing agent under this section, the association committee must give the managing agent at least 1 month's notice of a decision not to reappoint the managing agent or not to further extend the appointment.

(6) A managing agent must give the association written notice of the end of a term of appointment--

(a) at least 3 months, but not more than 6 months, before the end of the term of appointment, and

(b) at least 1 month before the end of each extension of a term permitted by this section.

(7) An instrument of appointment of a managing agent for a period of 3 years (as referred to in subsection (1)(b)) is taken to include an option for the agent to extend the term of the appointment for a maximum period of 3 months after the end of the term of 3 years, if the association decides not to reappoint the agent and does not extend the term of appointment under subsection (4).

(8) The managing agent must give the association written notice of the exercise of the option.

(9) A managing agent is not entitled to exercise an option under subsection (7) if the association gives the agent written notice that the agent will not be reappointed at least 3 months before the end of the term.

(10) In this section, a reference to the
"appointment" of a managing agent includes a reference to the reappointment of a managing agent.