A managing agent operates in terms of a written contract. The managing agent may, in terms of the contract or by reason of membership of NAMA or some other professional body, have agreed to be bound by a Code of Conduct. When the body corporate gives the managing agent authority to act on its behalf, it must do so in terms of a written instruction.
In terms of section 39 (5) (a) of the CSOS Act, an application may be for:
“an order requiring a managing agent to comply with the terms of a person’s contract of appointment and any applicable code of conduct or authorisation”
Examples of issues
Any person prejudiced by a managing agent’s failure to comply with any provision of:
- Their appointment contract;
- A relevant Code of Conduct; or
- An authorisation given by the scheme
can apply to the CSOS for an order requiring the managing agent to remedy his or her breach.
Example of order
An example of the type of order the CSOS could give is:
That Mr James Jones must within 10 days of the date of this order, which takes effect immediately, deliver to the directors of the Sunshine Beach Share Block copies of all invoices he has arranged to have paid during the course of the building renovations since October 2016, as required under clause 43.6 of his contract of appointment dated 25 June 2016.
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