Tuesday, May 24, 2022

Body Corporate And Community Management Act 1997

Chapter 3
Part 2
Division 8
Section 147

Reviewing terms of service contract | Section 147

(1)This section applies if—

(a)the letting agent’s management rights include a service contract; and

(b)when the body corporate passes the majority resolution mentioned in section 140, the body corporate also passes, by ordinary resolution, a motion (a review motion) that a review advice about the service contract be obtained.

(2)Within 1 month after the review motion is passed, the body corporate must obtain the review advice from an independent appropriate person.

Example of appropriate person for subsection (2)—

a person who, in the ordinary course of the person’s business, has knowledge of the functions and powers of service contractors and the remuneration for performing the functions and powers

(3)The review advice must be based on the review criteria stated in section 148.

(4)This section applies to the contract even if the contract also provides for either or both of the following—

(a)the letting agent’s engagement as a body corporate manager;

(b)the letting agent’s authorisation as a letting agent.

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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