South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 100

100—Administrator of community corporation's affairs

        (1)         The District Court or the Magistrates Court may, on application by—

            (a)         a community corporation; or

            (b)         a creditor of a community corporation; or

            (c)         the owner of a community lot or a development lot; or

            (d)         a person who holds a registered encumbrance over a community lot or a development lot,

appoint an administrator of the community corporation, or remove or replace an administrator previously appointed.

        (2)         An administrator has, while the appointment remains in force, full and exclusive power to administer the affairs of the community corporation (including power to do anything for which a special or unanimous resolution of the corporation is required).

        (3)         The administrator must comply with any directions that the court may give from time to time.

        (4)         The remuneration of an administrator will be fixed by the court and is payable from the corporation's funds.

        (5)         The administrator may, by written instrument, delegate any of his or her powers.

        (6)         A delegation under subsection (5)—

            (a)         may be made on such conditions as the administrator thinks fit; and

            (b)         is revocable at will; and

            (c)         does not derogate from the power of the administrator to act in any matter personally.

        (7)         A person to whom powers have been delegated under subsection (5) who has a direct or indirect pecuniary interest in any matter in relation to which he or she proposes to exercise delegated powers must disclose the nature of the interest in writing to the administrator.

Maximum penalty: $15 000.

        (8)         It is a defence to a charge of an offence against subsection (7) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.

        (9)         A person who—

            (a)         is appointed as an administrator; or

            (b)         is removed or replaced as an administrator,

must, within 14 days, give the Registrar-General written notice of his or her appointment, removal or replacement together with such supporting evidence as the Registrar-General requires.

        (10)         The Registrar-General must file the notice with the plan of community division.