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STRATA TITLES ACT 1985 - SECT 102

102 .         Order appointing administrator

        (1)         Where —

            (a)         in consequence of the making of an order under this Part a duty is imposed on a strata company; or

            (b)         a duty is otherwise imposed by this Act or the by-laws on a strata company; or

            (c)         a duty is imposed by this Act or the by-laws on the chairman, secretary or treasurer of a strata company or on the council of a strata company; or

            (d)         a judgment debt is owed by a strata company,

                the State Administrative Tribunal 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 a 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 scheme concerned; or

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

                by order appoint an administrator (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)         If it appoints an administrator under subsection (1), the State Administrative Tribunal may also order that the administrator shall have and may exercise and perform —

            (a)         all of the powers, authorities, duties and functions of the strata company for the parcel to which the order relates or of the chairman, secretary or treasurer of that strata company or the council of that strata company; or

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

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

        (3)         An order made under this section may be revoked or varied by the State Administrative Tribunal upon the application of the administrator or a person entitled to apply for an order of the kind sought to be revoked or varied.

        (4)         Where the State Administrative Tribunal makes an order under subsection (1) —

            (a)         no person other than the administrator appointed by the order may, while that administrator holds office, exercise or perform any power, authority, duty or function which the administrator is authorised to exercise or perform by that order or an order under subsection (2); and

            (b)         any act or thing done or suffered by that administrator in the exercise or performance of such a power, authority, duty or function has the same effect as it would have had if the order had not been made and it had been done or suffered by the person or body who, but for the order, would have been entitled or required to exercise or perform the power, authority, duty or function.

        (5)         The appointment of an administrator under this section may be made upon such terms and conditions (including terms and conditions as to remuneration by the strata company and the duration of the appointment) as are specified in the order making the appointment.

        (6)         An administrator appointed under subsection (1) who exercises or performs a power, authority, duty or function pursuant to an order under subsection (1) shall, forthwith after its exercise or performance —

            (a)         make a written record specifying the power, authority, duty or function and the manner of its exercise or performance; and

            (b)         serve the record on the strata company for the scheme to which the order relates.

        [Section 102 amended: No. 58 of 1995 s. 96; No. 55 of 2004 s. 1141 and 1156(1).]



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