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BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2020 - REG 130
Term of engagement of service contractor [SM, s 140]
130 Term of engagement of service contractor [SM, s 140]
(1) The term provided for in the engagement of a person as a service
contractor, after allowing for any rights or options of extension or renewal,
must not be longer than 25 years. Example— The engagement of a service
contractor begins on 1 January 2021 and is for a term of 15 years with a right
of renewal of 10 years. The engagement can not end later than 31 December
2045.
(2) The body corporate may subsequently amend the engagement to
include a right or option of extension or renewal (a
"subsequent right or option" ) only if— (a) the subsequent right or option
is for not longer than 5 years; and
(b) the unexpired term of the engagement,
from the day the resolution approving the subsequent right or option is passed
by the body corporate, is not more than 25 years; and
(c) section 125 is
complied with for the amendment.
Example— The term of the engagement of a
service contractor is 25 years beginning on 1 January 2021. On 1 January 2026,
the body corporate could amend the engagement to include a right of renewal of
5 years.
(3) If the unexpired term of the engagement purports to be longer
than 25 years, it is taken to be 25 years.
(4) To remove any doubt, it is
declared that at the end of the term— (a) the engagement expires; and
(b)
the person can not act again as a service contractor without a new engagement.
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