Management of property management business
37 Management of property management business
A property manager named in Part 2(1) of the Register must not carry on property management business unless the business is – carried on at an authorised place of business; and managed by a natural person who is– the property manager; or a property manager, named in Part 2(2) of the Register employed by the property manager; or a real estate agent, named in Part 1(2) of the Register employed by the property manager. Fine not exceeding 50 penalty units.
A property manager named in Part 2(2) of the Register or a real estate agent named in Part 1(2) of the Register must not manage a property management business unless it is carried on at an authorised place of business for that property management business. Fine not exceeding 50 penalty units.
A property manager or real estate agent, unless authorised by the Board, must not manage a property management business at more than one authorised place of business. Fine not exceeding 50 penalty units.
The Board may authorise a property manager or real estate agent to manage property management business at no more than 3 authorised places of business.
Before authorising a property manager or real estate agent under subsection (4), the Board must be satisfied that – the property manager or real estate agent is competent to manage the property management business; and the places of business are all in the same region.
For the purpose of this section, a property management business is being managed by a property manager or real estate agent if the manager or agent, although not necessarily in full-time attendance at the place of business, is aware of, and has responsibility for, the day-to-day activities carried on there.
Despite subsection (1), if for any reason the property management business at an authorised place of business cannot be managed by – the property manager; or by a property manager or real estate agent employed by the manager – the Board may, if it is satisfied that there are good reasons for doing so, permit the premises to be managed, for such period as the Board is to specify, by a property representative employed by the manager.
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