70Facilities managers

70 Facilities managers

70 Facilities managers

(1) A facilities manager is a person who assists in exercising 1 or more of the following functions of the association—

(a) managing association property,

(b) controlling the use of association property by persons other than the owners and occupiers of lots,

(c) maintaining and repairing association property.

(2) However, a person is not a facilities manager if—

(a) the person exercises the functions of a facilities manager only—

(i) on a voluntary or casual basis, or

(ii) as a member of the association committee, or

(b) the person, or a class of persons to which the person belongs, is prescribed as not being a facilities manager.

(3) A person may be both a facilities manager and a person who exercises the functions of an on-site residential property manager (within the meaning of the Property and Stock Agents Act 2002).

(4) A facilities manager may be a person who is entitled to exclusive possession (whether or not jointly with another person) of a lot or association property in a scheme.

(5) For the purposes of this Act, a person is taken to be a facilities manager for a scheme if the person meets the description of a facilities manager set out in this section, regardless of whether the title given to the person’s position is facilities manager, caretaker, resident manager or another title.

s 70: Am 2025 No 14, Sch 2[17].