On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 15/07/2010.
19.
—(1) If the Commissioner is satisfied that, after due inquiry by him or a person appointed by him, the management and maintenance of a development or part thereof is not carried out satisfactorily by the owner developer thereof, the Commissioner may, by order published in the Gazette, appoint one or more persons as a managing agent to manage and maintain —
(a)
where the development has no limited common property, the development; or
(b)
where the development has limited common property, the common property or the limited common property of the development or both.
(2) A managing agent appointed by the Commissioner under subsection (1) shall be entitled to such remuneration or fees as may be determined by the Commissioner and such remuneration or fees shall be charged —
(a)
in the case of a managing agent appointed in respect of the development under subsection (1)(a) or the common property of the development under subsection (1)(b), to the general maintenance fund referred to in section 16(2); or
(b)
in the case of a managing agent appointed in respect of the limited common property under subsection (1)(b), to the special maintenance fund referred to in section 16(3).
(3) The Commissioner shall not exercise his powers under this section unless he has given not less than 14 days’ notice in writing to the owner developer concerned, specifying his intention to appoint a managing agent under subsection (1) and to consider the representations (if any) made by the owner developer within 14 days of the date of service of the notice.
(4) Any owner developer who is aggrieved by an order made by the Commissioner under subsection (1) in respect of his development may, at any time within 21 days after the date of publication of that order in the Gazette, appeal in writing to the Minister.
(5) Notwithstanding that an appeal has been made under subsection (4) against an order made by the Commissioner under subsection (1), that order shall have effect unless otherwise ordered by the Minister.
(6) The Minister may determine an appeal under this section by confirming, varying or cancelling the Commissioner’s order under subsection (1).
(7) The decision of the Minister in any appeal under subsection (4) shall be final.
(8) The Commissioner may at any time revoke any appointment made under subsection (1) for any development and appoint another person as managing agent for the development.
[BCPA (repealed), s. 12]