65Service contractor—remedial breaches

65 Service contractor—remedial breaches (1) A service contractor commits a remedial breach if the service contractor— (a) fails to exercise the service contractor’s functions; or (b) while exercising the service contractor’s functions, is grossly negligent or engages in misconduct. (2) If the owners corporation believes on reasonable grounds that a service contractor has committed a remedial breach, the corporation may give the service contractor written notice stating— (a) that the corporation believes the service contractor has committed a remedial breach; and

Communication officers Division 4.4 (b) details of the remedial breach committed, sufficient to allow the service contractor to identify— (i) the function the service contractor failed to exercise; or (ii) the gross negligence or misconduct; and (c) that the service contractor must, within 14 days after the day the notice is given to the service contractor — (i) give the corporation a written representation explaining why the service contractor’s actions do not amount to a remedial breach; or (ii) remedy the breach; and (d) that the owners corporation may end the service contract if— (i) the service contractor does not comply with the notice; or (ii) if the service contractor gives a written representation explaining why the service contractor’s actions do not amount to a remedial breach—the corporation does not accept the service contractor’s representation.