BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 44
Chairperson, secretary and treasurer of committee
BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 44
Chairperson, secretary and treasurer of committee
44 Chairperson, secretary and treasurer of committee
(1) The chairperson shall preside at all meetings of the committee at which
the chairperson is present and, if the chairperson is absent from any meeting,
the members of the committee present at that meeting shall appoint one of
their number to preside at that meeting during the absence of the chairperson.
(1A) The committee may from time to time appoint a member of the committee to
exercise the powers and authorities and perform the duties and functions of
the secretary of the body corporate during any absence of the secretary
specified in the appointment and that member while acting in accordance with
the terms of the member’s appointment shall be deemed to be the secretary of
the committee.
(2) A person shall not exercise or perform any of the powers,
authorities, duties or functions of the body corporate or of the treasurer of
the body corporate, being powers, authorities, duties or functions relating to
the receipt or expenditure of, or accounting for, moneys, or the keeping of
the books of account, of the body corporate, unless the person is—
(b) a body corporate manager who is
empowered to exercise or perform that power, authority, duty or function; or
(c) a person with whom the treasurer of the body corporate is required by an
order of the committee to exercise or perform jointly that power, authority,
duty or function, and who is enabling the treasurer to comply with the order.
Penalty—
Maximum penalty—6 2 / 3 penalty units.
(3) The treasurer
of a body corporate may delegate the exercise or performance of any of the
treasurer’s powers (other than this power of delegation), authorities,
duties or functions as treasurer, the delegation of which is specifically
approved by the committee, to another member of the committee so approved,
subject to such limitations as to time or otherwise as are so approved and,
while a delegate is acting in accordance with the terms of a delegation under
this subsection, the delegate shall be deemed to be the treasurer of the
body corporate.
(4) The committee may, by a notice in writing served on the
treasurer of the body corporate, order that the treasurer shall not exercise
or perform any of the treasurer’s powers, authorities, duties or functions
that are specified in the notice, unless the treasurer does so jointly with
another person so specified.
(5) A person who has possession or control of—
(a) any records, books of account or keys belonging to a body corporate; or
shall, within 7 days after service on the person of notice of
a resolution of the committee requiring the person to do so, deliver those
records, books of account and keys and that roll and other property to a
member of the committee specified in the notice.