Section 12

If the Commissioner is satisfied that, after due inquiry by him or a person appointed by him, the management and maintenance of a development is not carried out satisfactorily by the developer, the Commissioner may, by order published in the Gazette, appoint one or more persons (referred to in this Act as a managing agent) to manage and maintain the development.

A managing agent appointed by the Commissioner under subsection (1) to manage and maintain a development shall be entitled to be paid such remuneration or fees as may be determined by the Commissioner and such remuneration or fee shall be charged to the maintenance fund of the development.

The Commissioner shall not exercise his powers under this section unless he has given not less than 14 days’ notice in writing to the developer specifying his intention to appoint a managing agent for his development and to consider the representations (if any) made by the developer within 14 days of the date of service of the notice.

Any person aggrieved by an order made by the Commissioner under this section may appeal to the Minister within 3 months of the date of the publication of the order in the Gazette and the decision of the Minister shall be final and shall not be subject to review in any court.

An order made by the Commissioner under subsection (1) shall have effect notwithstanding that an appeal has been made to the Minister.

The Commissioner may at any time revoke any appointment made under subsection (1) and appoint another person as managing agent for a development.[7D