46Appointment of property managers to be in writing

46 Appointment of property managers to be in writing

(1)  Except by leave of a court, a property manager named in Part 2(1) of the Register is not entitled to sue for, recover or retain any valuable consideration for services provided to a person by the manager in the capacity of a property manager carrying on property management business unless the manager has a valid written appointment to act for the person in that capacity signed by the person or by a person authorised to sign on his or her behalf.

(2)  An appointment is not valid for the purposes of subsection (1) unless it is contained in a document that –

(a) generally sets out the services to be rendered by the property manager; and

(b) if a specific property is the subject of those services, clearly identifies the property; and

(c) clearly indicates how any valuable consideration that the manager may receive is to be calculated; and

(d) clearly indicates the nature and extent of the expenses that the manager may incur on behalf of the client, and how those expenses are to be recouped; and

(e) clearly sets out how either party may terminate the appointment.

(3)  An appointment by a person of a property manager named in Part 2(1) of the Register is not a valid appointment for the purposes of subsection (1) unless the person obtaining the signature to the appointment gives a copy of it to the signatory as soon as practicable after it is signed.

(4)  The onus of proof that subsection (3) was complied with is on the person who obtained the signature.

(5)  A property manager must not demand any valuable consideration in contravention of subsection (1) .

Penalty:  Fine not exceeding 500 penalty units.

(6)  Any valuable consideration received by a property manager in contravention of subsection (1) or (5) is recoverable as a debt by the person from whom the property manager received it.

(7)  A written appointment mentioned in subsection (1) that is not expressed to be for a fixed period, or is expressed to be for a period of more than 30 days, may be terminated by either party giving to the other at least 30 days' written notice of termination.