196Orders for appointment of managing agent

196 Orders for appointment of managing agent

196 Orders for appointment of managing agent

(1) Order appointing or requiring the appointment of managing agent to exercise functions of association or strata corporation The Tribunal may, on its own motion or on application, make an order appointing a person as a managing agent or requiring an association or strata corporation to appoint a person as a managing agent—

(a) to exercise all the functions of an association or strata corporation, or

(b) to exercise specified functions of an association or strata corporation, or

(c) to exercise all the functions other than specified functions of an association or strata corporation.

(2) Order may confer other functions on managing agent The Tribunal may also order, when making an order under this section, that the managing agent is to have and may exercise—

(a) all the functions of the chairperson, secretary, treasurer or committee of the association or strata corporation, or

(b) specified functions of the chairperson, secretary, treasurer or committee of the association or strata corporation, or

(c) all the functions of the chairperson, secretary, treasurer or committee of the association or strata corporation other than specified functions.

(3) Circumstances in which order may be made The Tribunal may make an order only if satisfied that—

(a) the management of a scheme the subject of an application for an order under this Act or an appeal to the Tribunal is not functioning or is not functioning satisfactorily, or

(b) an association or strata corporation has failed to comply with a requirement imposed on the association or strata corporation by an order made under this Act, or

(c) an association or strata corporation has failed to perform 1 or more of its duties, or

(d) an association or strata corporation owes a judgment debt.

(4) Qualifications of person appointed A person appointed as a managing agent as a consequence of an order made by the Tribunal must—

(a) hold any licence issued under the Property and Stock Agents Act 2002 required to be held by a person exercising the functions of a managing agent, and