Section 40B: Appointment of building management agent by order of Authority

(1) Where it appears to the Authority in the case of any building having a management committee that-
(a) no person is, for the time being, managing that building;
(b) the management committee has, in any material particular, failed substantially to perform the duties of a corporation under section 18 including without limitation, the duty of a corporation under subsection (2A) of that section to have regard to and be guided by Codes of Practice; and
(c) by reason of the circumstances mentioned in paragraphs (a) and (b), there is a danger or risk of danger to the occupiers or owners of the building, the Authority may order that, within such reasonable period as shall be specified in the order, the management committee must appoint a building management agent for the purposes of managing that building.
(2) Where a management committee without reasonable excuse fails to comply with an order made under subsection (1), every member of the management committee shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and in the case of a continuing offence, to a further daily fine of $1000 for each day
during which the offence continues, unless he proves-
(a) that the offence was committed without his consent or connivance; and
(b) that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised in the circumstances.
(3) For the purposes of this section and section 40C, a person is eligible to be appointed as a building management agent if his name appears in a list of persons engaged in the business of the management of buildings compiled by the Authority from time to time and published in the Gazette. (Replaced 5 of 2007 s. 22)
(Added 69 of 2000 s. 19)



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