New South Wales Consolidated Acts

PROPERTY AND STOCK AGENTS ACT 2002 - SECT 3B

3B Strata managing agents

(1) A person is a
"strata managing agent" for the purposes of this Act if the person (whether or not the person carries on any other business), for reward (whether monetary or otherwise), exercises--

(a) any function of an owners corporation, or

(b) any function of an association, or

(c) any other function that is prescribed by the regulations for the purposes of this definition.

(2) Subsection (1) (a) does not apply to--

(a) a person who--

(i) is the owner of a lot to which the strata scheme for which the owners corporation is constituted relates, or

(ii) is the lessee of a lot to which the leasehold strata scheme for which the owners corporation is constituted relates, or

(iii) is the secretary or treasurer of the strata committee of the owners corporation,

and who exercises or performs only functions of the owners corporation required, by the by-laws in force in respect of the strata scheme or leasehold strata scheme for which the owners corporation is constituted, to be exercised or performed by the secretary or treasurer of that strata committee or of the owners corporation, or

(b) a person who maintains or repairs any property that the owners corporation is required to maintain and keep in repair, or

(c) a person prescribed by the regulations.

(3) Subsection (1) (b) does not apply to--

(a) the proprietor of a lot within the scheme, or

(b) the secretary or treasurer of the association, or

(c) a person who is authorised by the management statement for the scheme to exercise the functions of the secretary or treasurer of the association, or

(d) a person who maintains or repairs any property that the association is required to maintain and keep in repair, or

(e) a person prescribed by the regulations.