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BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 94
Order appointing body corporate manager to exercise or perform certain powers etc.
94 Order appointing body corporate manager to exercise or perform certain
powers etc.
(1) Where— (a) in consequence of the making of an order under this part a
duty is imposed on a body corporate; or
(b) a duty is otherwise imposed by
this Act on a body corporate; or
(c) a duty is imposed by this Act on the
chairperson, secretary or treasurer of a body corporate or of the committee of
a body corporate or on that committee; or
(d) a judgment debt is owed by a
body corporate;
a referee may— (e) in the case referred to in paragraph (a)
—on the application of the person who obtained the order so referred to; or
(f) in the case referred to in paragraph (b) or (c) —on the application of a
person having an estate or interest in a lot the subject of the plan
concerned; or
(g) in the case referred to in paragraph (d) —on the
application of the judgment creditor;
by order appoint a
body corporate manager (being a person who has consented in writing to the
appointment) to perform that duty and any other duty specified in the order or
to pay that judgment debt, as the case may require.
(2) A referee who
appoints a body corporate manager under subsection (1) may also order that the
body corporate manager shall have and may exercise and perform— (a) all of
the powers, authorities, duties and functions of the body corporate for the
parcel to which the order relates or of the chairperson, secretary or
treasurer of that body corporate or the committee of that body corporate; or
(b) any 1 or more of those powers, authorities, duties or functions specified
in the order; or
(c) all of those powers, authorities, duties and functions
except those specified in the order.
(3) Where a referee makes an order under
subsection (1) , no person other than the body corporate manager appointed by
the order may, while that body corporate manager holds office as such,
exercise or perform any power, authority, duty or function which the
body corporate manager is authorised to exercise or perform by that order or
an order under subsection (2) .
(4) The appointment of a
body corporate manager under this section may be made upon such terms and
conditions (including terms and conditions relating to the
body corporate manager’s remuneration by the body corporate and the duration
of the body corporate manager’s appointment) as the referee specifies in the
order making the appointment.
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