Northern Territory Consolidated Acts Northern Territory Consolidated Actssections 77, 92 and 93
Part 1 Code of conduct for committee members
1 Application
This code applies to a committee member of a scheme.
2 Compliance with Act
The committee member must comply with this Act in relation to the scheme.
3 Honesty, fairness and confidentiality
(1) The committee member must act honestly and fairly in relation to the scheme.
(2) Without limiting subclause (1), the committee member must not unlawfully disclose to anyone confidential information held by the body corporate (including, for example, confidential information about a unit owner or unit occupier).
4 Improper conduct
The committee member must not engage in conduct that would unreasonably affect a person's lawful enjoyment of the scheme land.
5 Conflict of interests
The committee member must disclose to the committee any conflict of interests the member might have in relation to a matter before the committee.
Part 2 Code of conduct for body corporate manager and caretaking service contractor
1 Application
This code applies to a person who is acting as the body corporate manager or a caretaking service contractor of a scheme.
2 Compliance with Act
The person must comply with this Act in relation to the scheme.
3 Honesty, fairness and professionalism
The person must act honestly, fairly and professionally in relation to the scheme.
4 Skill, care and diligence
The person must exercise reasonable skill, care and diligence in relation to the scheme.
5 Acting in best interests of body corporate
The person must act in the best interests of the body corporate unless it is unlawful to do so.
6 Keeping body corporate informed
The person must keep the body corporate reasonably informed of a matter concerning the body corporate.
7 Ensuring others comply with Act
The person must take reasonable steps to ensure everyone employed or engaged by the person for the scheme complies with this Act.
8 Misleading conduct
The person must not engage in misleading conduct in relation to the scheme.
9 Unconscionable conduct
(1) The person must not engage in unconscionable conduct in relation to the scheme.
(2) Without limiting subclause (1), each of the following is unconscionable conduct in relation to the scheme:
(a) requiring the body corporate to comply with conditions that are unlawful;
(b) exerting undue influence on the body corporate or a unit owner or unit occupier;
(c) using unfair tactics against the body corporate or a unit owner or unit occupier.
10 Supply at competitive prices
The person must ensure goods and services arranged by the person to be supplied for the scheme are supplied at competitive prices.
11 Conflict with obligations
The person must not enter into any arrangement that conflicts with the person's obligations in relation to the scheme.
12 Record keeping
(1) The body corporate or committee may require the person to produce records kept by the person for the scheme under this Act.
(2) The person must comply with the request.
Part 3 Code of conduct for letting agent
1 Application
This code applies to a person who is acting as a letting agent of a scheme.
2 Compliance with Act
The person must comply with this Act in relation to the scheme.
3 Honesty, fairness and professionalism
The person must act honestly, fairly and professionally in relation to the scheme.
4 Skill, care and diligence
The person must exercise reasonable skill, care and diligence in relation to the scheme.
5 Acting in best interests of body corporate and unit owners
The person must act in the best interests of the body corporate and unit owners unless it is unlawful to do so.
6 Ensuring others comply with Act
The person must take reasonable steps to ensure everyone employed or engaged by the person for the scheme complies with this Act.
7 Misleading conduct
The person must not engage in misleading conduct in relation to the scheme.
8 Unconscionable conduct
(1) The person must not engage in unconscionable conduct in relation to the scheme.
(2) Without limiting subclause (1), each of the following is unconscionable conduct in relation to the scheme:
(a) exerting undue influence on the body corporate or a unit owner or unit occupier;
(b) using unfair tactics against the body corporate or a unit owner or unit occupier.
9 Improper conduct
The person must not engage in conduct that would unreasonably affect a person's lawful enjoyment of the scheme land.
10 Supply at competitive prices
The person must ensure goods and services arranged by the person to be supplied for the scheme are supplied at competitive prices.