New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 76

76 Managing agent and facilities manager agreements may be terminated or varied by Tribunal

(1) The Tribunal may, on application by an association for a scheme, make any of the following orders in respect of an agreement for the appointment of a managing agent or facilities manager for the scheme--

(a) an order terminating the agreement,

(b) an order requiring the payment of compensation to a party to the agreement,

(c) an order varying the term, or varying or declaring void any of the conditions, of the agreement,

(d) an order that a party to the agreement take an action or not take an action under the agreement,

(e) an order dismissing the application.

(2) If the Tribunal makes an order terminating the agreement, the Tribunal may also order the managing agent or facilities manager to return to the association, within the period specified in the order, any documents or other records relating to the association scheme that are in the possession of the agent or manager.

(3) The Tribunal may make an order under this section on any of the following grounds--

(a) that the managing agent or facilities manager has refused or failed to perform the agreement or has performed it unsatisfactorily,

(b) that charges payable by the association under the agreement are unfair,

(c) that the managing agent has contravened section 61(2),

(d) that the managing agent has failed to disclose commissions (including estimated commissions or variations and explanations for variations) in accordance with section 64 or has failed to make the disclosures in good faith,

(e) that the managing agent or facilities manager has failed to disclose an interest under section 75,

(f) that the agreement is, in the circumstances of the case, otherwise harsh, oppressive, unconscionable or unreasonable.