48Appointment of administrator

48 Appointment of administrator

(1)  If, on an application on grounds referred to in section 37(1)(n) , the Appeal Tribunal is satisfied –

(a) that the body corporate has failed in the proper performance of a duty under the Strata Titles Act 1998 ; and

(b) the applicant has a proper interest in the due performance of the relevant duty; and

(c) the circumstances are sufficiently serious to justify the appointment of an administrator under this section –

the Appeal Tribunal may, by order, appoint an administrator.

(2)  The appointment of an administrator –

(a) is not to be made unless the proposed appointee consents in writing to the appointment; and

(b) is to be made on the terms and conditions (which may include terms and conditions for the remuneration of the administrator out of the funds of the body corporate), if any, that the Appeal Tribunal specifies in the order.

(3)  The administrator has, in accordance with the terms of the order, power –

(a) to administer the affairs of the body corporate generally; or

(b) to carry out the function, or functions, of the body corporate or its officers, which function or functions is or are specified in the order.

(4)  If an administrator has power to administer the affairs of the body corporate generally, the administrator's powers operate to the exclusion of the powers of the body corporate and its officers.

(5)  If an administrator has power to carry out a specified function or functions, the powers of the body corporate are preserved in so far as they relate to those functions.

(6)  An act or omission of an administrator done or made in the course of exercising powers under this section is to be regarded as an act or omission of the body corporate.

(7)  The administrator must give the body corporate written notice of the exercise of powers under this section as soon as practicable after the powers are exercised.