QLDIn ForceAct
Sanctuary Cove Resort Act 1985
sec.94LTransfer—letting agent’s choice of transferee
Start here
Get a plain-English read of sec.94L
Turn the raw legal text into a practical explanation grounded in Sanctuary Cove Resort Act 1985.
### sec.94L Transfer—letting agent’s choice of transferee
The letting agent must transfer the management rights—
within the following period after the transfer notice is given to the letting agent—
if section 94Q does not apply—9 months;
if section 94Q applies—11 months; and
to a person, other than an associate of the letting agent, chosen by the letting agent and approved by the body corporate.
For deciding whether to approve a person under subsection (1) (b) , the body corporate—
must act reasonably and as quickly as practicable; and
may have regard only to the person’s—
character; and
financial standing; and
competence, qualifications and experience.
However, the body corporate must not—
unreasonably withhold approval of the person; or
require or receive a fee or other consideration for approving the person, other than reimbursement for legal expenses reasonably incurred by the body corporate in relation to a request for its approval.
Maximum penalty for subsection (3) —50 penalty units.
If the letting agent transfers the management rights to a person who is not approved by the body corporate, the transfer is of no effect.
s 94L ins 2009 No. 26 s 102
(sec.94L-ssec.1) The letting agent must transfer the management rights— within the following period after the transfer notice is given to the letting agent— if section 94Q does not apply—9 months; if section 94Q applies—11 months; and to a person, other than an associate of the letting agent, chosen by the letting agent and approved by the body corporate.
(sec.94L-ssec.2) For deciding whether to approve a person under subsection (1) (b) , the body corporate— must act reasonably and as quickly as practicable; and may have regard only to the person’s— character; and financial standing; and competence, qualifications and experience.
(sec.94L-ssec.3) However, the body corporate must not— unreasonably withhold approval of the person; or require or receive a fee or other consideration for approving the person, other than reimbursement for legal expenses reasonably incurred by the body corporate in relation to a request for its approval. Maximum penalty for subsection (3) —50 penalty units.
(sec.94L-ssec.4) If the letting agent transfers the management rights to a person who is not approved by the body corporate, the transfer is of no effect.
- (a) within the following period after the transfer notice is given to the letting agent— (i) if section 94Q does not apply—9 months; (ii) if section 94Q applies—11 months; and
- (i) if section 94Q does not apply—9 months;
- (ii) if section 94Q applies—11 months; and
- (b) to a person, other than an associate of the letting agent, chosen by the letting agent and approved by the body corporate.
- (i) if section 94Q does not apply—9 months;
- (ii) if section 94Q applies—11 months; and
- (a) must act reasonably and as quickly as practicable; and
- (b) may have regard only to the person’s— (i) character; and (ii) financial standing; and (iii) competence, qualifications and experience.
- (i) character; and
- (ii) financial standing; and
- (iii) competence, qualifications and experience.
- (i) character; and
- (ii) financial standing; and
- (iii) competence, qualifications and experience.
- (a) unreasonably withhold approval of the person; or
- (b) require or receive a fee or other consideration for approving the person, other than reimbursement for legal expenses reasonably incurred by the body corporate in relation to a request for its approval.