Schedule 1 Codes of conduct

An executive member must have—

(a) a commitment to acquiring an understanding of the Act, as relevant to the member’s role on the executive committee; and

(b) a good understanding of this code.

An executive member must act honestly and fairly in exercising the member’s functions as an executive member.

An executive member must exercise reasonable care and diligence in exercising the member’s functions as an executive member.

An executive member must act in the best interests of the owners corporation in exercising the member’s functions as an executive member, unless it is unlawful to do so.

An executive member must take reasonable steps to ensure that the member complies with the Act, including this code, when exercising the member’s functions as an executive member.

An executive member must not—

(a) cause a nuisance on the land; and

(b) otherwise behave in a way that unreasonably affects a person’s lawful use or enjoyment of a unit or the common property.

An executive member must not engage in unconscionable conduct in exercising the member’s functions as an executive member.

Examples

1 improperly using the executive member’s position on the executive committee to gain, directly or indirectly, an advantage personally or for someone else

2 exerting undue influence on, or using unfair tactics against, the owner of a unit in the units plan

An executive member must disclose to the executive committee any conflict of interest the member may have in a matter before the committee.

A manager must have a good working knowledge and understanding of the Act, including this code, as relevant to the manager’s functions.

(1) A manager must act honestly, fairly and professionally in exercising the manager’s functions.

(2) A manager must not try to unfairly influence the outcome of an election for the owners corporation executive committee.

A manager must exercise reasonable skill, care and diligence in exercising the manager’s functions.

A manager must act in the best interests of the owners corporation unless it is unlawful to do so.

A manager must keep the owners corporation informed of any significant development or issue about an activity carried out for the owners corporation.

A manager must take reasonable steps to ensure that the manager’s employees comply with the Act, including this code, when exercising the manager’s functions.

A manager must not engage in fraudulent or misleading conduct in exercising the manager’s functions.

A manager must not engage in unconscionable conduct in carrying out the manager’s functions.

Examples

1 taking unfair advantage of the manager’s superior knowledge relative to the owners corporation

2 requiring the owners corporation to comply with conditions that are unlawful or not reasonably necessary

3 improperly using the executive member’s position on the executive committee to gain, directly or indirectly, an advantage personally or for someone else

4 exerting undue influence on, or using unfair tactics against, the owners corporation or the owner of a unit in the units plan

A manager for an owners corporation (the first corporation) must not accept an engagement for another owners corporation if accepting the engagement may place the manager’s duty to, or the interests of, the first corporation in conflict with the manager’s duty to, or the interests of, the other owners corporation.

A manager must take reasonable steps to ensure the goods and services the manager gets for, or supplies to, the owners corporation are obtained or supplied at competitive prices.

If an owners corporation or its executive committee asks the manager, in writing, to show that the manager has kept the owners corporation’s records as required under the Act, the manager must comply with the request within a reasonable time.