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PROPERTY AND STOCK AGENTS ACT 2002 - SECT 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.
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