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Unit Titles (Management) Act 2011
134Financed service contract—person authorised to act for
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134 Financed service contract—person authorised to act for
financier
(1) The financier for a financed service contract may take the following
action:
(a) act under the contract in place of the contractor;
(b) appoint a receiver, or a receiver and manager, for the contract.
(2) However, the financier may only take action under subsection (1) if—
(a) the financier has given written notice to the owners corporation
of the financier’s intention to take the action; and
(b) at the time the notice is given to the owners corporation, the
corporation—
(i) has not given the financier notice under section 133 (1) (c);
or
(ii) has given and withdrawn the notice to the financier.
(3) The financier may authorise a person to act for the financier for
subsection (1) (a) if—
(a) the person is not the service contractor or an associate of the
contractor; and
(b) the owners corporation approves the person.
(4) In deciding whether to approve a person under subsection (3), the
owners corporation—
(a) must act reasonably in the circumstances and decide as soon as
practicable; and
(b) may only consider—
(i) the person’s character; and
(ii) the person’s competence, qualifications and experience.
(5) However, the owners corporation must not—
(a) unreasonably withhold the person’s approval; or
person, other than reimbursement of legal or administrative