Part 10 Administrators

Any of the following people (an interested party) may apply to the ACAT for an order under division 10.2 (an administration order) in relation to the administration of an owners corporation:

(a) the corporation;

(b) a creditor of the corporation;

(c) a unit owner, or anyone else with an interest in a unit, or the common property, that is recorded in the corporate register;

(d) the director-general, on behalf of the Territory.

(1) An interested party has a right to appear on an application by another interested party for an administration order.

(2) The applicant must serve a copy of the application on every other interested party, except the creditors (or the other creditors) of the owners corporation and the director-general.

Note The applicant may serve the application on an interested person at the person’s address for correspondence shown on the corporate register. Other forms of service are also permitted. See s 124.

(3) The owners corporation must serve all its creditors with a copy of the application—

(a) if the owners corporation is the applicant—after making the application; or

(b) in any other case—on being served with a copy of the application.

(4) An interested party may be represented by a lawyer or someone else.

(5) The registrar of the ACAT must give a copy of an application to the director-general, unless the director-general is the applicant.

(1) On an application by an interested party, the ACAT may, by order, appoint the person named in the application to be administrator of the owners corporation on the terms about remuneration and anything else it considers appropriate.

Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

(2) The ACAT may make an order appointing an administrator only if satisfied that the administrator consents to the order.

(3) In an order appointing an administrator, the ACAT may give any directions it considers appropriate for giving notice of the order to the administrator, the registrar-general and the owners corporation.

(4) The remuneration of an administrator of an owners corporation and the expenses incurred in the exercise of the administrator’s functions under this Act are taken to be expenditure incurred by the corporation.

(1) On an application by an interested party, the ACAT may, by order, remove or replace an administrator.

(2) In an order removing or replacing an administrator, the ACAT may give any directions it considers appropriate for giving notice of the order to the registrar-general and the owners corporation.

(1) The administrator of an owners corporation has all the functions of the corporation to the exclusion of the corporation and its executive committee.

(2) However, an order of the ACAT under subsection (3) is required for an administrator to do anything that is required by this Act to be authorised by an unopposed or unanimous resolution.

(3) On application by an interested party, the ACAT may make any order it considers appropriate about the exercise of the administrator’s functions, including, for example, an order mentioned in subsection (2).

The administrator of an owners corporation may delegate the administrator’s functions to anyone else.

Note A function that has been delegated by the administrator may, despite the delegation, be exercised by the administrator (see Legislation Act, s 240). For the making of delegations and the exercise of delegated functions generally, see the Legislation Act, pt 19.4.