Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 94

94 Order appointing body corporate manager to exercise or perform certain powers etc.

(1) Where—

(a) in consequence of the making of an order under this part a duty is imposed on a body corporate; or

(b) a duty is otherwise imposed by this Act on a body corporate; or

(c) a duty is imposed by this Act on the chairperson, secretary or treasurer of a body corporate or of the committee of a body corporate or on that committee; or

(d) a judgment debt is owed by a body corporate;

a referee may—

(e) in the case referred to in paragraph (a) —on the application of the person who obtained the order so referred to; or

(f) in the case referred to in paragraph (b) or (c) —on the application of a person having an estate or interest in a lot the subject of the plan concerned; or

(g) in the case referred to in paragraph (d) —on the application of the judgment creditor;

by order appoint a body corporate manager (being a person who has consented in writing to the appointment) to perform that duty and any other duty specified in the order or to pay that judgment debt, as the case may require.

(2) A referee who appoints a body corporate manager under subsection (1) may also order that the body corporate manager shall have and may exercise and perform—

(a) all of the powers, authorities, duties and functions of the body corporate for the parcel to which the order relates or of the chairperson, secretary or treasurer of that body corporate or the committee of that body corporate; or

(b) any 1 or more of those powers, authorities, duties or functions specified in the order; or

(c) all of those powers, authorities, duties and functions except those specified in the order.

(3) Where a referee makes an order under subsection (1) , no person other than the body corporate manager appointed by the order may, while that body corporate manager holds office as such, exercise or perform any power, authority, duty or function which the body corporate manager is authorised to exercise or perform by that order or an order under subsection (2) .

(4) The appointment of a body corporate manager under this section may be made upon such terms and conditions (including terms and conditions relating to the body corporate manager’s remuneration by the body corporate and the duration of the body corporate manager’s appointment) as the referee specifies in the order making the appointment.