sec.81MAppointment of facilitator

sec.81M Appointment of facilitator

This section applies if a body corporate for a community titles scheme passes a termination resolution. The body corporate must appoint a person (the facilitator ) to assist the body corporate to implement the termination plan. The facilitator is appointed subject to the terms and conditions decided by the body corporate and included in the instrument of appointment. Without limiting subsection (3) , the instrument of appointment may authorise the facilitator to perform a function of the body corporate, the committee for the body corporate or a member of the committee. However, if the body corporate will require the facilitator to perform a function of the body corporate, the committee for the body corporate or a member of the committee, the body corporate may appoint a person to be a facilitator only by ordinary resolution. Also, the body corporate must not appoint a person as the facilitator if the body corporate knows, or reasonably suspects, the person has a conflict of interest in performing the duties of the office. If a person who is appointed as the facilitator has an interest that conflicts, or may conflict, with performing the duties of the office, the person— must disclose the nature of the interest and conflict to the body corporate as soon as practicable after the relevant facts come to the person’s knowledge; and must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the body corporate. Anything done by the facilitator under the instrument of appointment is taken to have been done by the body corporate, committee or member. s 81M ins 2023 No. 29 s 7 (sec.81M-ssec.1) This section applies if a body corporate for a community titles scheme passes a termination resolution. (sec.81M-ssec.2) The body corporate must appoint a person (the facilitator ) to assist the body corporate to implement the termination plan. (sec.81M-ssec.3) The facilitator is appointed subject to the terms and conditions decided by the body corporate and included in the instrument of appointment. (sec.81M-ssec.4) Without limiting subsection (3) , the instrument of appointment may authorise the facilitator to perform a function of the body corporate, the committee for the body corporate or a member of the committee. (sec.81M-ssec.5) However, if the body corporate will require the facilitator to perform a function of the body corporate, the committee for the body corporate or a member of the committee, the body corporate may appoint a person to be a facilitator only by ordinary resolution. (sec.81M-ssec.6) Also, the body corporate must not appoint a person as the facilitator if the body corporate knows, or reasonably suspects, the person has a conflict of interest in performing the duties of the office. (sec.81M-ssec.7) If a person who is appointed as the facilitator has an interest that conflicts, or may conflict, with performing the duties of the office, the person— must disclose the nature of the interest and conflict to the body corporate as soon as practicable after the relevant facts come to the person’s knowledge; and must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the body corporate. (sec.81M-ssec.8) Anything done by the facilitator under the instrument of appointment is taken to have been done by the body corporate, committee or member.