Understanding the Unit Titles Act: When to Consider Administrator Appointment
The Unit Titles Act (UTA) provides for the appointment of an Administrator to a Bodies Corporate in various circumstances, such as ineffective governance, financial mismanagement, health and safety concerns, legal disputes, or the inability to agree on building repairs. Other 'specified situations' may also warrant the voluntary appointment of an Administrator by a Bodies Corporate. Moreover, any individual with a registered interest in a unit (e.g., a mortgagee or a unit owner) or a creditor of the Bodies Corporate could potentially seek the appointment of an Administrator through the High Court.
An application for the appointment of an Administrator must demonstrate "cause."
The Administrator must possess extensive knowledge and experience in all aspects of building remediation, including consultation, planning, facilitation, and implementation.
Conjointly, have a good understanding of relevant legislation, including the Unit Titles Act, Building Act, Health and Safety at Work Act, Construction Contracts Act, and Contract and Commercial Law Act.
The appointment of an Administrator is a significant decision, typically made in response to critical issues or challenges faced by the Bodies Corporate. The Administrator is responsible for addressing these challenges, overseeing the affairs of the Body Corporate for the purpose of remediation, and ensuring effective governance and compliance during this period.
ANOROC is well experienced and advised to undertake such a role, whether through voluntary provision or High Court application.
