South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 78A

78A—Delegation of corporation's functions and powers

        (1)         A community corporation may delegate any of its functions and powers (except this power of delegation) to a member or employee of the corporation or to a member of a secondary or tertiary corporation within the same community scheme.

        (2)         A community corporation may delegate the following functions and powers to any person:

            (a)         the receipt and holding of money and other personal property on behalf of the corporation;

            (b)         payment of money on behalf of the corporation;

            (c)         the preparation of statements of expenditure and proposed expenditure and statements of accounts;

            (d)         the collection of money due to the corporation;

            (e)         entering into contracts of insurance with insurers on behalf of the corporation;

            (f)         maintaining and keeping records on behalf of the corporation;

            (g)         issuing and signing notices on behalf of the corporation;

            (h)         preparing minutes of meetings of the corporation;

                  (i)         providing information as required by the Act on behalf of the corporation;

            (j)         investing money on behalf of the corporation;

            (k)         arranging for the maintenance and repair of the common property on behalf of the corporation.

        (3)         A delegation by a community corporation is to be made by ordinary resolution of the community corporation.

        (4)         However, a community corporation cannot delegate a function or power under subsection (1) or (2) if the function or power is of a kind that can only be performed or exercised by the corporation by passing a special or unanimous resolution.

        (5)         A delegation by a community corporation—

            (a)         may be absolute or conditional; and

            (b)         does not derogate from the power of the corporation to act in any matter; and

            (c)         is—

                  (i)         in a case where there is a contract relating to the delegation between the corporation and a body corporate manager—revoked on termination or expiry of the contract; or

                  (ii)         in any other case—revocable by the corporation at any time by notice given in writing (notwithstanding any agreement to the contrary by the corporation).