Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SCHEDULE 5

SCHEDULE 5 – Code of conduct for body corporate managers and caretaking service contractors

1 Knowledge of Act, including code

A body corporate manager or caretaking service contractor appointed or engaged by the primary thoroughfare body corporate or principal body corporate must have a good working knowledge and understanding of this Act, including this code of conduct, relevant to the person’s functions.

2 Honesty, fairness and professionalism

(1) The body corporate manager or caretaking service contractor must act honestly, fairly and professionally in performing the person’s functions under the person’s appointment or engagement.

(2) The body corporate manager must not attempt to unfairly influence the outcome of an election for the executive committee of the body corporate.

3 Skill, care and diligence

The body corporate manager or caretaking service contractor must exercise reasonable skill, care and diligence in performing the person’s functions under the person’s appointment or engagement.

4 Acting in body corporate’s best interests

The body corporate manager or caretaking service contractor must act in the best interests of the body corporate unless it is unlawful to do so.

5 Keeping body corporate informed of developments

The body corporate manager or caretaking service contractor must keep the body corporate informed of any significant development or issue about an activity performed for the body corporate.

6 Ensuring employees comply with Act and code

The body corporate manager or caretaking service contractor must take reasonable steps to ensure an employee of the person complies with this Act, including this code, in performing the person’s functions under the person’s appointment or engagement.

7 Fraudulent or misleading conduct

The body corporate manager or caretaking service contractor must not engage in fraudulent or misleading conduct in performing the person’s functions under the person’s appointment or engagement.

8 Unconscionable conduct

The body corporate manager or caretaking service contractor must not engage in unconscionable conduct in performing the person’s functions under the person’s appointment or engagement.

Examples of unconscionable conduct—

• taking unfair advantage of the person’s superior knowledge relative to the body corporate

• requiring the body corporate to comply with conditions that are unlawful or not reasonably necessary

• exerting undue influence on, or using unfair tactics against, the body corporate or the owner of a lot in the resort

9 Conflict of duty or interest

The body corporate manager or caretaking service contractor for the resort or part of the resort must not accept an appointment or engagement (the
"second appointment or engagement" ) if doing so will place the person’s functions or interests for the resort or part in conflict with the person’s functions or interests for obligations under the second appointment or engagement.

Example of a second appointment or engagement—

an appointment as the body corporate manager or an engagement as a caretaking service contractor for another scheme

10 Goods and services to be supplied at competitive prices

The body corporate manager or caretaking service contractor must take reasonable steps to ensure goods and services the person obtains for or supplies to the body corporate are obtained or supplied at competitive prices.

11 Body corporate manager to demonstrate keeping of particular records

If the body corporate or its executive committee gives the body corporate manager a written request to show that the manager has kept the body corporate records as required under this Act, the manager must comply with the request within the reasonable period stated in the request.