Body Corporate and Community Management Act 1997
sec.139Code contravention notice
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sec.139 Code contravention notice
The body corporate must, if required by ordinary resolution decided by secret ballot conducted in the way prescribed under the regulation module applying to the scheme, give the letting agent a signed notice under this section (a code contravention notice ). The code contravention notice must state— that the body corporate believes the person has or is contravening a provision of the code of conduct for— letting agents; or body corporate managers and caretaking service contractors; and the provision the body corporate believes has been or is being contravened; and details sufficient to identify the contravention; and the reasonable period within which the letting agent must remedy the contravention; and that the body corporate may, without further notice, give the letting agent a transfer notice if— the letting agent does not comply with the code contravention notice; or the body corporate reasonably believes the letting agent, after being given the notice, has contravened a provision of a code mentioned in paragraph (a) . s 139 ins 2003 No. 6 s 49 (sec.139-ssec.1) The body corporate must, if required by ordinary resolution decided by secret ballot conducted in the way prescribed under the regulation module applying to the scheme, give the letting agent a signed notice under this section (a code contravention notice ). (sec.139-ssec.2) The code contravention notice must state— that the body corporate believes the person has or is contravening a provision of the code of conduct for— letting agents; or body corporate managers and caretaking service contractors; and the provision the body corporate believes has been or is being contravened; and details sufficient to identify the contravention; and the reasonable period within which the letting agent must remedy the contravention; and that the body corporate may, without further notice, give the letting agent a transfer notice if— the letting agent does not comply with the code contravention notice; or the body corporate reasonably believes the letting agent, after being given the notice, has contravened a provision of a code mentioned in paragraph (a) .
- (a) that the body corporate believes the person has or is contravening a provision of the code of conduct for— (i) letting agents; or (ii) body corporate managers and caretaking service contractors; and
- (i) letting agents; or
- (ii) body corporate managers and caretaking service contractors; and
- (b) the provision the body corporate believes has been or is being contravened; and
- (c) details sufficient to identify the contravention; and
- (d) the reasonable period within which the letting agent must remedy the contravention; and
- (e) that the body corporate may, without further notice, give the letting agent a transfer notice if— (i) the letting agent does not comply with the code contravention notice; or (ii) the body corporate reasonably believes the letting agent, after being given the notice, has contravened a provision of a code mentioned in paragraph (a) .