Body Corporate and Community Management Act 1997
sec.144Terms of service contract on transfer
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sec.144 Terms of service contract on transfer
This section applies to a service contract (the transferred service contract ) transferred to a person (the transferee ) under section 141 or 143 . Unless the body corporate and transferee agree otherwise, the terms of the transferred service contract are— the terms applying to the service contract under subsection (3) ; or if paragraph (a) does not apply—the terms applying to the service contract immediately before the transfer (the existing terms ). The terms of the transferred service contract are the existing terms as changed under a review advice about the contract if— the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and the body corporate gave the letting agent a copy of the review advice as required under section 149 (1) . s 144 ins 2003 No. 6 s 49 (sec.144-ssec.1) This section applies to a service contract (the transferred service contract ) transferred to a person (the transferee ) under section 141 or 143 . (sec.144-ssec.2) Unless the body corporate and transferee agree otherwise, the terms of the transferred service contract are— the terms applying to the service contract under subsection (3) ; or if paragraph (a) does not apply—the terms applying to the service contract immediately before the transfer (the existing terms ). (sec.144-ssec.3) The terms of the transferred service contract are the existing terms as changed under a review advice about the contract if— the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and the body corporate gave the letting agent a copy of the review advice as required under section 149 (1) .
- (a) the terms applying to the service contract under subsection (3) ; or
- (b) if paragraph (a) does not apply—the terms applying to the service contract immediately before the transfer (the existing terms ).
- (a) the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and
- (b) the body corporate gave the letting agent a copy of the review advice as required under section 149 (1) .