Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 50

50 Body corporate manager

(1) Subject to subsection (2) , a body corporate may, in general meeting and by instrument in writing, appoint upon such terms and conditions as the body corporate determines a body corporate manager and may, in like manner, delegate to the manager—

(a) all of its powers, authorities, duties and functions; or

(b) any one or more of its powers, authorities, duties and functions specified in the instrument; or

(c) all of its powers, authorities, duties and functions except those specified in the instrument;

and may, in like manner, revoke wholly or in part the delegation.

(2) A body corporate may not, under subsection (1) , delegate to a body corporate manager its power to make—

(a) a delegation under that subsection; or

(b) a decision on a restricted matter within the meaning of section 46 .

(3) A power, authority, duty or function the exercise or performance of which has been delegated under subsection (1) may, while the delegation remains unrevoked, be exercised from time to time in accordance with the delegation.

(4) A delegation under subsection (1) may be made subject to such conditions or such limitations as to the exercise or performance of all or any of the powers, authorities, duties or functions, or as to time or circumstances, as may be specified in the instrument of delegation.

(5) Notwithstanding any delegation made under subsection (1) , the body corporate may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated by it.

(6) Any act or thing done or suffered by a body corporate manager while acting in the exercise of a delegation under subsection (1) has the same force and effect as if it had been done or suffered by the body corporate and shall be deemed to have been done or suffered by the body corporate.

(7) Where the instrument of the body corporate manager’s appointment so provides, a body corporate manager shall have and may exercise and perform all the powers, authorities, duties and functions of the chairperson, secretary or treasurer of the body corporate and the committee or such of those powers, authorities, duties and functions as may be specified in the instrument.

(8) Upon registration of the plan, a person shall not be appointed a body corporate manager otherwise than by the body corporate or a referee.

(9) Notwithstanding any agreement between a body corporate and a body corporate manager, there shall be implied in the agreement or instrument of appointment of a body corporate manager appointed pursuant to this section who is the body corporate manager at the expiration of a period of 3 years from the date of the first annual general meeting of the body corporate a term that the body corporate, within 30 days after the expiration of that period, may terminate the body corporate manager’s appointment as body corporate manager.

(10) No action shall lie against a body corporate, original proprietor or any proprietor of a lot in respect of a termination of appointment under this subsection.