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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 85

Order by Tribunal appointing managing agent

85 Order by Tribunal appointing managing agent

(1) The Tribunal may, by order, appoint a managing agent--
(a) to perform all the functions, or
(b) to perform specified functions, or
(c) to perform all the functions, other than specified functions,
of an association, or of a strata corporation.
(2) Application for an order under subsection (1) may be made--
(a) by a person who obtained an order under this Part that imposed a duty on the association or the strata corporation, or on its executive committee or council, or on its chairperson, secretary or treasurer, or
(b) by a person who has an estate or interest in a development lot, neighbourhood lot or strata lot within the scheme under which the association or strata corporation was constituted, or
(c) if the object of the application is payment of a judgment debt--by the judgment creditor.
(3) An order under subsection (1) may be made by the Tribunal to which an Adjudicator has referred a matter if the Adjudicator, whether or not on application, is satisfied that the management structure of the scheme that would be affected by the order is not functioning, or is not functioning satisfactorily.
(4) An appointee--
(a) must hold any licence required by law to be held by a managing agent performing the functions to which the order relates, and
(b) must have consented to the appointment.
(5) Unless sooner revoked, an order made under subsection (1) ceases to have effect at the expiration of such period after its making (not exceeding 12 months) as is stated in the order.
(6) A managing agent may be appointed under this section--
(a) on such terms and conditions relating to remuneration of the managing agent by the association or the strata corporation, and
(b) on such other terms and conditions,
as are stated in the order making the appointment.
(7) In this section--

"functions" includes--
(a) performance of a duty imposed by an order under this Part, and
(b) payment of a judgment debt.



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