Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 5 · Management of Strata Subdivided Buildings
61. Duty and liability of council members and officers
Feedback & supportA member of a council must at all times act honestly and use reasonable diligence in the discharge of the duties of the member’s office.
council
“council”, in relation to a management corporation, means the council of that management corporation;
A member of a council, or an officer or an agent or a managing agent of a management corporation, must not use his, her or its position as a member of the council or as an officer, an agent or a managing agent of the management corporation to gain, directly or indirectly, an advantage for himself, herself or itself or for any other person or to cause detriment to the management corporation.
managing agent
“managing agent” means a managing agent appointed under this Act;
Any person who commits a breach of any provision of this section shall —
be liable to the management corporation for any profit made by the person or for any damage suffered by the management corporation as a result of the breach of any such provision; and
be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
This section is in addition to and not in derogation of any other written law or rule of law relating to the duty or liability of members of a council.
In this section —
“agent” includes a banker, a solicitor or an auditor of a management corporation and any person who at any time has been a banker, a solicitor or an auditor of the management corporation;
management corporation
“management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967;
“officer” includes a person who at any time has been an officer of a management corporation.