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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 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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