Thursday, October 1, 2020

Body Corporate And Community Management Act 1997

Chapter 3
Part 2
Division 8
Section 146

Termination and replacement of letting agent authorisation and service contract in particular circumstances | Section 146

(1)This section applies if the remainder of the term of the letting agent’s authorisation (the transferred authorisation), including any rights or options of extension or renewal, is less than 7 years when transferred to a person (the transferee) under this division.

Example for subsection (1)—

If the authorisation was given for a term of 5 years with 4 rights of renewal of 5 years each and 5 years have expired, the remainder of the term is 20 years.

(2)On the transfer—

(a)the transferred authorisation and any service contract (the transferred service contract) forming part of the transferred management rights terminate; and

(b)the body corporate must—

(i)authorise the transferee to conduct a letting agent business for the scheme; and

(ii)if a service contract formed part of the transferred management rights—engage the transferee as a service contractor.

(3)The authorisation and engagement must be given for a term of 9 years starting immediately after the transfer.

(4)Subject to subsection (3)—

(a)the authorisation must be given on the terms applying to the transferred authorisation immediately before the transfer; and

(b)unless the body corporate and transferee agree otherwise, the engagement must be given on—

(i)the terms applying to the transferred service contract under subsection (5); or

(ii)if subparagraph (i) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms).

(5)The engagement must be given on the existing terms of the transferred service contract as changed under a review advice about the contract if—

(a)the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and

(b)the body corporate gave the letting agent a copy of the review advice as required under section 149(1).

© 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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