On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 25/11/2004.
67.
—(1) Subject to subsection (2), a management corporation may, by instrument in writing, delegate to its managing agent appointed under section 66(1) —
(a)
all of its powers, duties and functions;
(b)
any one or more of its powers, duties and functions specified in the instrument; or
(c)
all of its powers, duties and functions except those specified in the instrument.
(2) A management corporation shall not under this section delegate to a managing agent its power to make —
(a)
a delegation under this section;
(b)
a decision on any matter which may, in accordance with any provision of this Act or the by-laws, only be made by the management corporation pursuant to a unanimous resolution, a special resolution, a 90% resolution, a resolution by consensus or at a general meeting of the management corporation; or
(c)
any matter referred to in section 59 and specified in a resolution of that management corporation passed for the purposes of that section.
(3) Where an ordinary resolution of the management corporation so provides, a managing agent shall have and may exercise the powers and perform all the duties and functions of the chairperson, secretary or treasurer or the council of the management corporation or such of those powers, duties and functions as may be specified in the resolution.
(4) A power, duty or function, the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the delegation.
(5) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of all or any of the powers, duties or functions, or as to time or circumstances, as may be specified in the instrument of delegation.
(6) Notwithstanding any delegation made under this section, a management corporation or, in the case of a delegation under subsection (3), the chairperson, secretary or treasurer or the council of the management corporation may continue to exercise or perform all or any of the delegated powers, duties or functions.
(7) Any act or thing done or suffered by a managing agent while acting in the exercise of a delegation under subsection (1) shall —
(a)
have the same force and effect as if it had been done or suffered by the management corporation; and
(b)
be deemed to have been done or suffered by the management corporation.
(8) Any act or thing done or suffered by a managing agent while acting in the exercise of a delegation under subsection (3) shall —
(a)
have the same force and effect as if it had been done or suffered by the chairperson, secretary, treasurer or council of the management corporation, as the case may be; and
(b)
be deemed to have been done or suffered by the chairperson, secretary, treasurer or council of the management corporation, as the case may be.
(9) Where —
(a)
a contravention by a management corporation of a provision of this Act or any written law that imposes a duty on the management corporation is an offence under this Act or that other written law; and
(b)
the performance of the duty has been delegated to a managing agent,
the provision shall, while the delegation remains in force, be construed as if a reference therein to the management corporation were a reference to the managing agent.