Body Corporate and Community Management (Small Schemes Module) Regulation 2020
sec.24When body corporate manager may be engaged to carry out functions of committee and secretary and treasurer [ SM, s 74 ]
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sec.24 When body corporate manager may be engaged to carry out functions of committee and secretary and treasurer [ SM, s 74 ]
The body corporate may— engage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee, secretary and treasurer; and agree to an amendment of the engagement. Under section 8 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and the secretary and treasurer. See also section 120 of the Act . The body corporate may act under subsection (1) only if— the original owner control period has ended; and the body corporate passes a special resolution approving the engagement or amendment; and the material given to members of the body corporate for the general meeting that considers the motion includes— for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment. The engagement may be in addition to an existing engagement of the person as a body corporate manager other than under this part. To the extent the existing engagement is inconsistent with the engagement under this part, the existing engagement is of no effect. The engagement of a body corporate manager under this part is void if it does not comply with this section and section 25. An agreement to amend the engagement of a body corporate manager under this part is void if it does not comply with this section. (sec.24-ssec.1) The body corporate may— engage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee, secretary and treasurer; and agree to an amendment of the engagement. Under section 8 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and the secretary and treasurer. See also section 120 of the Act . (sec.24-ssec.2) The body corporate may act under subsection (1) only if— the original owner control period has ended; and the body corporate passes a special resolution approving the engagement or amendment; and the material given to members of the body corporate for the general meeting that considers the motion includes— for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment. (sec.24-ssec.3) The engagement may be in addition to an existing engagement of the person as a body corporate manager other than under this part. (sec.24-ssec.4) To the extent the existing engagement is inconsistent with the engagement under this part, the existing engagement is of no effect. (sec.24-ssec.5) The engagement of a body corporate manager under this part is void if it does not comply with this section and section 25. (sec.24-ssec.6) An agreement to amend the engagement of a body corporate manager under this part is void if it does not comply with this section.